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Beyond Torture: The Nemo Tenetur Principle In Borderline Cases, Luis E. Chiesa
Beyond Torture: The Nemo Tenetur Principle In Borderline Cases, Luis E. Chiesa
Journal Articles
In this article I examine three borderline cases in which it is not clear whether a confession had been obtained in violation of the nemo tenetur principle (i.e. the rights against self-incrimination and forced inculpation). The case of the false confession presents a situation in which a person made a voluntary confession but the overwhelming evidence pointed to the falsity of the statements. In contrast, the confession obtained in the case of the truth serum is of high probative value. However, it could be argued that the suspect did not voluntarily decide to incriminate himself, given that he confessed when …
Blurring The Lines Of The Danger Zone: The Impact Of Kendra's Law On The Rights Of The Nonviolent Mentally Ill, Kristina M. Campbell
Blurring The Lines Of The Danger Zone: The Impact Of Kendra's Law On The Rights Of The Nonviolent Mentally Ill, Kristina M. Campbell
Journal Articles
When the lives of Kendra Webdale and Andrew Goldstein crossed paths in a New York City subway on January 3, 1999, no one could have predicted the tragic results of their brief encounter, nor the political and legal aftermath the events of that day would spur. According to eyewitnesses, Goldstein, a twenty-nine year old man with a long history of psychiatric illness,' approached Webdale, a thirty-two year old woman, to ask her the time as she waited for an uptown train. Goldstein then suddenly and- inexplicably pushed Webdale in front of the approaching train; she died instantly. 2 Public outrage …