CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Tuesday, March 11, 2014

Hamer on the Right to Silence

David A. Hamer (University of Sydney - Faculty of Law) has posted NSW Right to Silence Reforms on SSRN. Here is the abstract:

The paper opposes the NSW Government's proposed changes to the right to silence. These changes (later implemented) allow an adverse inference to be drawn from a suspect's failure to provide information during police interview. It has not been shown that changes are required. Further, the changes are exceedingly complex and are likely to create practical problems both in the police station and in the courts. Similar changes in England are generally viewed as creating more problems than they have solved.

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