<abstract xmlns="http://www.w3.org/1999/xhtml"><p>This lecture given at Birmingham City University School of Law, March 21, 2019 considers the origins of the right to silence in the jurisprudence of the Supreme Court of the United States and compares the constitutional protections against self-incrimination with those of the United Kingdom. It notes that the effect of the changes introduced by the Police and Criminal Evidence Act 1984 and the Criminal Justice and Public Order Act of 1994 is that there is now a fundamental divergence in approach between the two jurisdictions and concludes that as the twenty first century progresses, defendants on both sides of the Atlantic will be less likely to exercise their rights without consequence and then when they do choose to speak it will be at their peril.</p></abstract>

This lecture given at Birmingham City University School of Law, March 21, 2019 considers the origins of the right to silence in the jurisprudence of the Supreme Court of the United States and compares the constitutional protections against self-incrimination with those of the United Kingdom. It notes that the effect of the changes introduced by the Police and Criminal Evidence Act 1984 and the Criminal Justice and Public Order Act of 1994 is that there is now a fundamental divergence in approach between the two jurisdictions and concludes that as the twenty first century progresses, defendants on both sides of the Atlantic will be less likely to exercise their rights without consequence and then when they do choose to speak it will be at their peril.

Joseph A. Greenaway Jr. Lecture Series on Law and Justice<sup><xref ref-type="fn" rid="j_bjals-2020-0007_fn_061_w2aab3b7c18b1b6b1ab1b5c11b2Aa">*</xref></sup> Speak at Your Own Peril

British Journal of American Legal Studies

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Joseph A. Greenaway Jr. Lecture Series on Law and Justice Speak at Your Own Peril

This lecture given at Birmingham City University School of Law, March 21, 2019 considers the origins of the right to silence in the jurisprudence of the...

Joseph A. Greenaway Jr. Lecture Series on Law and Justice^* Speak at Your Own Peril

Published Online: May 29, 2020

Page range: 1 - 15

DOI: https://doi.org/10.2478/bjals-2020-0007

Keywords
Right to Silence, The Warren Court, Miranda v. Arizona, Police and Criminal Evidence Act 1984, Criminal Justice and Public Order Act 1994

© 2020 Joseph A. Greenaway, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Joseph A. Greenaway Jr. Lecture Series on Law and Justice* Speak at Your Own Peril

Published Online: May 29, 2020

Page range: 1 - 15

DOI: https://doi.org/10.2478/bjals-2020-0007

KeywordsRight to Silence, The Warren Court, Miranda v. Arizona, Police and Criminal Evidence Act 1984, Criminal Justice and Public Order Act 1994

© 2020 Joseph A. Greenaway, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Joseph A. Greenaway Jr. Lecture Series on Law and Justice^* Speak at Your Own Peril

Keywords
Right to Silence, The Warren Court, Miranda v. Arizona, Police and Criminal Evidence Act 1984, Criminal Justice and Public Order Act 1994