Free Download Silence The Witness [PORTABLE]

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After the parliamentary revolutions of the late 17th century, according to some historical accounts, the right to silence became established in the law as a reaction to the excesses of the royal inquisitions in these courts. The rejection of the procedures of the Courts of Star Chamber and High Commission eventually resulted in the emergence of the principle, according to US jurist and law of evidence expert John Henry Wigmore, \"that no man is bound to incriminate himself, on any charge (no matter how properly instituted), or in any Court (not merely in the ecclesiastical or Star Chamber tribunals)\". It was extended during the English Restoration (from 1660 on) to include \"an ordinary witness, and not merely the party charged\".

In Canada, the right to silence is protected under the common law confessions rule, and section 7 and section 11(c) of the Canadian Charter of Rights and Freedoms. The accused may not be compelled as a witness against himself in criminal proceedings, and therefore only voluntary statements made to police are admissible as evidence. Prior to an accused being informed of their right to legal counsel, any statements they make to police are considered involuntarily compelled and are inadmissible as evidence. After being informed of the right to counsel, the accused may choose to voluntarily answer questions and those statements would be admissible.[19]

Although an accused has the right to remain silent and may not be compelled to testify against himself, where an accused freely chooses to take the witness box and testify, there is no further right to silence and no general restriction on what kinds of questions they may be required to answer. Section 13 of the Canadian Charter of Rights and Freedoms guarantees that witnesses may not have any incriminating evidence they gave as testimony used against them in separate proceedings. In effect, a person can be compelled to give involuntary self-incriminating evidence, but only where that evidence is to be used against a third party.[24]

The Constitution of India guarantees every person the right against self incrimination under Article 20 (3): \"No person accused of any offence shall be compelled to be a witness against himself\".It is well established that the Right to Silence has been granted to the accused by virtue of the pronouncement in the case of Nandini Sathpathy vs P. L. Dani, no one can forcibly extract statements from the accused, who has the right to keep silent, but only in the court of law.[40] It is not clear if the accused can exercise his right to silence during interrogation by public servants. In 2010, the Supreme court found that forced narco-analysis, brain mapping and lie detector tests violate of Article 20(3).[41]

In general, anyone is required to appear before the courts and give testimony, except dictated otherwise by the law(108)There are some notable exceptions:119: The court may not hear evidence from a priest in the Norwegian Church, or indeed any priest or similar in any registered faith, lawyers, defence attorneys, arbitrators in marriage affairs, medical doctors, psychologists, nurses, midwives or apothecaries, except with the explicit permission of the person entitled to silence, concerning anything they have learnt during the performance of their function. The above does not apply if testimony is required to prevent someone from being wrongfully convicted(119). Catholic priests have refused to testify about information obtained in confession even in these cases, and the Supreme Court has not sanctioned this.121: Even if the relationship is not regulated by 119, the courts may relieve a witness of the duty to testify concerning information obtained in counseling, social work, medical care, judicial assistance \"or similar\".122: A defendants spouse, relatives in directly ascending or descending order, siblings and their spouses are not required to give testimony. The same applies to separated or divorced spouses, or people living in a \"marriage like\" relationship, e.g. common-law marriages. The court may extend this right to fiancees, foster-parents/children/siblings.123: A witness may refuse to answer questions leading to self-incrimination either for the witness itself, or for anyone related to the witness as described by 122. 124: A witness may refuse to answer questions relating to business secrets. The court may oblige the witness to testify after consideration.125: The editor of a printed magazine/newspaper may refuse to divulge the writer of any articles in his journal, or sources for its content.

was used. Major reform to the questioning and treatment of suspected offenders occurred in 1984 when the Police and Criminal Evidence Act came into force. Under Code C the right to silence was amended by allowing adverse inferences to be drawn at a court hearing in cases where a suspect refuses to explain something, and then later produces an explanation (see right to silence in England and Wales).[79] In other words, the jury is entitled to infer that the accused fabricated the explanation at a later date, as he refused to provide the explanation during police questioning. The jury is also free to make no such inference. The new caution is:

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