In a recent article, Dr John Breslin discussed European developments concerning the privilege against self‐incrimination (‘the privilege’). His comments related primarily to the…
Abstract
In a recent article, Dr John Breslin discussed European developments concerning the privilege against self‐incrimination (‘the privilege’). His comments related primarily to the Saunders case and since then, in December 1996, the European Court of Human Rights has confirmed the European Commission's decision in favour of Sir Ernest Saunders.
In R v Khan (Sultan) the House of Lords had to consider the legality of a conviction based on evidence obtained by means of an electronic listening device attached to a private…
Abstract
In R v Khan (Sultan) the House of Lords had to consider the legality of a conviction based on evidence obtained by means of an electronic listening device attached to a private house without the knowledge of either the owners or occupiers. This invasion of privacy was said to have two aspects: first, the placing of the device on the premises of the occupier without his consent; and secondly, the act of listening to the defendant's conversations. The House of Lords held that the provisions of the European Convention on Human Rights and Fundamental Freedoms (the ‘ECHR’) were ‘relevant’ to the exercise of the trial judge's discretion under the Police and Criminal Evidence Act 1984 whether to exclude the evidence. However, their Lordships emphatically rejected the proposition that an identifiable right to privacy existed under English law.
The law relating to tracing is complicated, littered with inconsistencies and possibly now verging on a state of disarray. The complications are ever increasing as the topic…
Abstract
The law relating to tracing is complicated, littered with inconsistencies and possibly now verging on a state of disarray. The complications are ever increasing as the topic becomes inevitably intertwined with the law relating to constructive trusts and restitution. This article concentrates on a specific aspect of the law of tracing, namely, the extent to which one can trace money paid into an overdrawn bank account.
The effectiveness of an investigation into any criminal offence is obviously vital because it determines the quality of the evidence available for the prosecution at trial. The…
Abstract
The effectiveness of an investigation into any criminal offence is obviously vital because it determines the quality of the evidence available for the prosecution at trial. The way in which the investigation is conducted is also vital because mistakes can be made that affect the operation of the due process of law, the effect of which can be the refusal of the trial judge to admit certain evidence at the trial. It can also result in an appellate court overturning a conviction. The sensation caused by the latter to those involved in the prosecution must be akin to winning the World Cup to be informed 12 months later that a new referee has reviewed a video tape of the match and discovered a slight infringement of the offside rule by a player involved in setting up the winning goal. The cup must now be taken down from the trophy cabinet and handed over to the opposing team.
The privilege against self‐incrimination was invented by judges in 1645 to curb the excesses of their colleagues in the Court of Star Chamber. Since then, it has become embedded…
Abstract
The privilege against self‐incrimination was invented by judges in 1645 to curb the excesses of their colleagues in the Court of Star Chamber. Since then, it has become embedded in the common Law with no specific legislative imprimatur. It has also been held to be an implied right under the European Convention on Human Rights (ECHR) which is yet another development of the privilege that has not been democratically sanctioned. By comparison, the privilege against self‐discrimination is an express right under the Fifth Amendment in the American Constitution.
Haklae Kim, John Breslin and Jae Hwa Choi
The purpose of this research is to investigate some general features of folksonomies and user‐generated content with copyright issues, and to present semantic representation for…
Abstract
Purpose
The purpose of this research is to investigate some general features of folksonomies and user‐generated content with copyright issues, and to present semantic representation for folksonomies using a tag ontology that can be used to represent tagging data at a semantic level using Semantic Web technologies.
Design/methodology/approach
An exploratory study is described that features current social tagging methods and copyright metadata. In particular, a tag ontology is extended for representing copyright metadata across different platforms.
Findings
The main finding is that Social Semantic Cloud of Tags can improve the expressive knowledge representation of folksonomies and that this ontology can aid in describing copyright metadata using some extended properties.
Originality/value
The paper gives a valuable insight into representing folksonomies with Semantic Web technologies that enable the representation, exchange, and reuse of tagging data, and provides a way to reduce the risk of copyright infringements in the process of tag sharing in folksonomies.
Details
Keywords
Marco Neumann, Ina O'Murchu, John Breslin, Stefan Decker, Deirdre Hogan and Ciaran MacDonaill
The motivation for this investigation is to apply social networking features to a semantic network portal, which supports the efforts in enterprise training units to up‐skill the…
Abstract
Purpose
The motivation for this investigation is to apply social networking features to a semantic network portal, which supports the efforts in enterprise training units to up‐skill the employee in the company, and facilitates the creation and reuse of knowledge in online communities.
Design/methodology/approach
The paper provides an overview of an emerging area for work‐related research in the field of knowledge management and collaborative online communities.
Findings
The growing number of social network online communities requires a systematic assessment of the application and design of social network technologies, which makes this study relevant and timely.
Practical implications
This paper gives guidance in an emerging research area with major implications for online communities and human resources management.
Originality/value
Fulfils a need, since a lack of literature in the field is apparent.
Details
Keywords
Beau Breslin, John J.P. Howley and Molly Appel
This chapter explores how the principles of retribution and deterrence were framed and thus used to justify capital punishment in the early years of the Republic, and how the…
Abstract
This chapter explores how the principles of retribution and deterrence were framed and thus used to justify capital punishment in the early years of the Republic, and how the purposes for capital punishment have changed in the past two centuries. We ask several related questions: (1) Has our understanding of the morality and utility of retributive justice changed so dramatically that the historical argument tying justification for capital punishment to the past now ought to carry less weight? (2) Have our perspectives on the purposes for capital punishment changed in ways that now might call the entire experiment into question? and (3) What, in short, can we say about the historical similarities between arguments concerning retribution and deterrence at the Founding and those same arguments today?As is often true of common law principles, the reasons for the rule are less sure and less uniform than the rule itself. (Justice Marshall's majority opinion in Ford v. Wainwright, 477 U.S. 399 (1986))
Gone are the days when a bank could concentrate on providing a reliable service to its customer, and maintain that as part of that service it could guard the confidentiality of…
Abstract
Gone are the days when a bank could concentrate on providing a reliable service to its customer, and maintain that as part of that service it could guard the confidentiality of all information learnt in the course of the customer's banking. Formerly, a customer could be relatively confident that information about his or her business affairs would not be disclosed save in fairly limited circumstances, and the bank would not trouble itself as to how these affairs were conducted. Current legislation and regulation requires a bank to be aware of the commercial background to its clients' dealings and, in certain circumstances, to take steps to report criminal conduct or to account to third parties.
Enforcement of regulatory controls has traditionally been left to the criminal law. In the last 15 years there has been an increasing interest in using civil remedies for this…
Abstract
Enforcement of regulatory controls has traditionally been left to the criminal law. In the last 15 years there has been an increasing interest in using civil remedies for this purpose. Most of the attention has been on financial services, but there have been recent developments in the UK planning system, which provide interesting parallels.