Compelled Self-Reporting and the Principle Against Compelled Self-Incrimination: Some Comparative Perspectives

European Human Rights Law Review, p. 25, 2006

14 Pages Posted: 30 Sep 2009

See all articles by Mark Berger

Mark Berger

University of Missouri at Kansas City - School of Law

Date Written: 2006

Abstract

This article examines the tension between mandatory self-reporting and identification statutes and the right to be free of compelled self-incrimination. The author reviews decisions addressing this issue taken by the European Court of Human Rights ('ECtHR'), the Privy Council, and the Supreme Courts of Canada and the United States. He then analyses applicable public policies and assesses the alternative approaches available to accomodate these conflicting interests.

Keywords: Canada, Comparative Law, Compulsory disclosure, Privilege against self-incrimination, Right to fair trial, United States

JEL Classification: K14, K33, K42

Suggested Citation

Berger, Mark, Compelled Self-Reporting and the Principle Against Compelled Self-Incrimination: Some Comparative Perspectives (2006). European Human Rights Law Review, p. 25, 2006 , Available at SSRN: https://ssrn.com/abstract=1480245

Mark Berger (Contact Author)

University of Missouri at Kansas City - School of Law ( email )

5100 Rockhill Road
Kansas City, MO 64110-2499
United States

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