- Collection:
- Atlanta University and Clark Atlanta University Theses and Dissertations
- Title:
- A comparison of a citizen's right to silence under united states' and English political systems, 1996
- Creator:
- Kibitleweski, Joseph L.
- Date of Original:
- 1996-12-01
- Subject:
- Degrees, Academic
Dissertations, Academic - Location:
- United States, Georgia, Fulton County, Atlanta, 33.749, -84.38798
- Medium:
- theses
- Type:
- Text
- Format:
- application/pdf
- Description:
- Although the philosophical underpinnings of the legal/political systems of England and the United States had a common origin, this changed when the opportunity to create a new system presented itself to the United States. Among the departures from the English system were the protections granted to the people of the United States in matters that pertained to government actions against the people. One significant area concerns the right of the accused to remain silent and not have to speak in his own defense, nor be required by law to provide any incriminating statement. The research examines the main protections granted under each political system, as well as the political institutions that shape such protections. While the English system sets the standard regarding confessions and the right to silence, these protections are weakened because of the manner in which these guarantees can be changed or eliminated by a single action of Parliament. In contrast, altering similar protections in the United States is far more difficult as it entails long debates and support by a bicameral Congress and final approval by three-fourths of the states. Additional protection is provided through the role of the United States Supreme Court, best illustrated by the Miranda Rule which had a significant impact on the decrease of confession rates, and through a written Bill of Rights. It is this twofold combination of a written Bill of Rights and the difficult process required for altering constitutional protections that gives the American system its advantage. Ultimately, both systems depend on citizens who internalize the relevant political values for guarantees that the protections provided by the right to silence will survive.
- External Identifiers:
- Metadata URL:
- http://hdl.handle.net/20.500.12322/cau.td:1996_kibitleweski_joseph_l
- Rights Holder:
- Clark Atlanta University
- Holding Institution:
- Atlanta University Center Robert W. Woodruff Library
- Rights:
-
