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Europeanizing Self-Incrimination: The Right To Remain Silent In The European Court Of Human Rights, Mark Berger
Europeanizing Self-Incrimination: The Right To Remain Silent In The European Court Of Human Rights, Mark Berger
Faculty Works
Since it came into force in September, 1953, the European Convention on Human Rights has served as a reflection of Europe's movement toward the establishment of common standards of individual human rights and freedoms. The forty-five countries that are currently signatories to the Convention are subject to the jurisdiction of the European Court of Human Rights (ECHR) which was established in 1959 as a mechanism to interpret and enforce the obligations created by the Convention. Although the Convention contains no explicit reference to a right to remain silent, and despite the differing legal systems of the contracting states, the Court …
Twenty-First Century Pillow-Talk: Applicability Of The Marital Communications Privilege To Electronic Mail, Mikah K. Thompson
Twenty-First Century Pillow-Talk: Applicability Of The Marital Communications Privilege To Electronic Mail, Mikah K. Thompson
Faculty Works
The marital privilege has two parts: the testimonial privilege and the communications privilege. Originally, the testimonial privilege prevented one spouse from testifying against another. According to the United States Supreme Court, spousal disqualification sprang from two canons of medieval jurisprudence: first, the rule that an accused was not permitted to testify in his own behalf because of his interest in the proceeding; second, the concept that husband and wife were one, and that since the woman had no recognized separate legal existence, the husband was that one. Thus, if a husband were not permitted to testify, then his wife, as …