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Old 20-03-2009, 09:46   #75
jaysay
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Re: Little white lies

Quote:
Originally Posted by Eric View Post
Jaysay and Churchman: are you sure you don't have the fifth? I'm inclined to believe that some form of "I refuse to answer that question on the grounds that I might incriminate myself" exists in English law. Even if it is not explicitly stated in any form of written constitution, it must, in an enlightened legal system such as yours, be strongly implied in practice. In Canada, as far as I am aware, any accused in a court of law cannot be forced to give evidence against him/herself ... and that is what the fifth is all about. Damned Tullamore Dew makes me sound like a pedant Keep an eye out for my (possible) upcoming article in "Studies in Bibliography" on the first impression of the first edition of Fielding's "Tom Jones" ... recommended for those who have trouble sleeping
On reflection the miranda does say You have the rite to remain silent, If you do speak, it will be written down and maybe used in evidence against you, but I can't think there is anything like the fifth in British law, but I do know the accused does not have to go in the witness box, during his/her trial, as was demonstrated in the recent murder trial of the guy who shot that young kid in Liverpool
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