Interesting times over in the land of the free and home of the brave, as the US Supreme Court has held in a 5-4 decision that the right to silence must be unambiguously (and probably expressly) asserted.The full text of Berghuis v Thompkins 560 US (including the dissenting judgment) can be found here.In the US, …
Month: June 2010
Double jeopardy
Double jeopardy is often used to refer to an accused being presented for trial or sentence before different courts regarding the same matter. It's also used to describe the situation where an accused is punished twice for the commission of the same act. Black J described the concept in this context in Green v United …