Within an international context in which the right to silence has long been regarded as sacrosanct, this book provides the first comprehensive, empirically-based analysis of the effects of curtailing the right to silence. The right to silence has served as the practical expression of the principles that an individual was to be considered innocent until proven guilty, and that it was for the prosecution to establish guilt. In 1791, the Fifth Amendment to the US Constitution proclaimed that none ‘shall be compelled in any criminal case to be a witness against himself’. In more recent times, the privilege against self-incrimination has been a founding principle for the International Criminal Court, the new South African constitution and the ad hoc International Criminal Tribunals for Rwanda and the former Yugoslavia. Despite this pedigree, over the past 30 years when governments have felt under pressure to combat crime or terrorism, the right to silence has been reconsidered (as in Australia), curtailed (in most of the United Kingdom) or circumvented (by the creation of the military tribunals to try the Guantánamo detainees). The analysis here focuses upon the effects of the Criminal Justice and Public Order Act 1994 in England and Wales. There, curtailing the right to silence was advocated in terms of ‘common sense’ policy-making and was achieved by an eclectic borrowing of concepts and policies from other jurisdictions. The implications of curtailing this right are here explored in detail with reference to England, Wales and Northern Ireland, but within a comparative context that examines how different ‘types’ of legal systems regard the right to silence and the effects of constitutional protection.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Winner of the National Jewish Book Award in the Holocaust category A monumental work of nonfiction on a wartime atrocity, its sixty-year denial, and the impact of its truth Jan Gross's hugely controversial Neighbors was a historian's disclosure of the events in the small Polish town of Jedwabne on July 10, 1941, when the citizens rounded up the Jewish population and burned them alive in a barn. The massacre was a shocking secret that had been suppressed for more than sixty years, and it provoked the most important public debate in Poland since 1989. From the outset, Anna Bikont reported on the town, combing through archives and interviewing residents who survived the war period. Her writing became a crucial part of the debate and she herself an actor in a national drama. Part history, part memoir, The Crime and the Silence is the journalist's account of these events: both the story of the massacre told through oral histories of survivors and witnesses, and a portrait of a Polish town coming to terms with its dark past. Including the perspectives of both heroes and perpetrators, Bikont chronicles the sources of the hatred that exploded against Jews and asks what myths grow on hidden memories, what destruction they cause, and what happens to a society that refuses to accept a horrific truth. A profoundly moving exploration of being Jewish in modern Poland that Julian Barnes called "one of the most chilling books," The Crime and the Silence is a vital contribution to Holocaust history and a fascinating story of a town coming to terms with its dark past.

Written by a young human rights worker, "Silence on the Mountain" is a virtuoso work of reporting and a masterfully plotted narrative tracing the history of Guatemala's 36-year internal war, a conflict that claimed the lives of more than 200,000 people.

Often seen as a political sop to the racial fears of white voters, aggressive policing and draconian sentencing for illegal drug possession and related crimes have led to the imprisonment of millions of African Americans—far in excess of their representation in the population as a whole. Michael Javen Fortner shows in this eye-opening account that these punitive policies also enjoyed the support of many working-class and middle-class blacks, who were angry about decline and disorder in their communities. Black Silent Majority uncovers the role African Americans played in creating today’s system of mass incarceration. Current anti-drug policies are based on a set of controversial laws first adopted in New York in the early 1970s and championed by the state’s Republican governor, Nelson Rockefeller. Fortner traces how many blacks in New York came to believe that the rehabilitation-focused liberal policies of the 1960s had failed. Faced with economic malaise and rising rates of addiction and crime, they blamed addicts and pushers. By 1973, the outcry from grassroots activists and civic leaders in Harlem calling for drastic measures presented Rockefeller with a welcome opportunity to crack down on crime and boost his political career. New York became the first state to mandate long prison sentences for selling or possessing narcotics. Black Silent Majority lays bare the tangled roots of a pernicious system. America’s drug policies, while in part a manifestation of the conservative movement, are also a product of black America’s confrontation with crime and chaos in its own neighborhoods.

The essential, cornerstone book of modern environmentalism is now offered in a handsome 40th anniversary edition which features a new Introduction by activist Terry Tempest Williams and a new Afterword by Carson biographer Linda Lear.

Around the world in the twentieth century, political violence in emerging states gave rise to different kinds of silence within their societies. This book explores the histories of these silences, how they were made, maintained, evaded, and transformed. This book gives a comprehensive view of the ongoing evolutions and multiple faces of silence as a common strand in the struggles of state-building. It begins with chapters that examine the construction of "regimes of silence" as an act of power, and it continues through explorations of the ambiguous limits of speech within communities marked by this violence. It highlights national and transnational attempts to combat state silences, before concluding with a series of considerations of how these regimes of silence continue to be extrapolated in the gaps of records and written history. This volume explores histories of the composed silences of political violence across the emerging states of the late twentieth century, not solely as a present concern of aftermath or retrospection but as a diachronic social and political dimension of violence itself. This book makes a major original contribution to international history, as well as to the study of political terror, human rights violations, social recovery, and historical memory.