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Bibliography

REPORTS AND PAPERS

New Zealand

Auckland District Law Society Public Issues Committee, Serious Fraud Office (6 June 1991)

Baragwanath, The Right to Silence in Fraud Cases: Address to the Auckland Medico-Legal Society (September 1990)

Department of Justice, Principles for Crown Action on the Treaty of Waitangi (Wellington, 1989)

Department of Justice, Report to the Justice and Law Reform Select Committee: Serious Fraud Office Bill (Wellington, 6 April 1990)

Jackson, The Mäori and the Criminal Justice System: He Whaipaanga Hou: A New Perspective (Department of Justice, Wellington, 1988)

Law Commission, Criminal Evidence: Police Questioning (NZLC PP21, 1992)

Law Commission, Evidence Law: Privilege (NZLC PP23, 1994)

New Zealand Serious Fraud Office, Annual Report of Serious Fraud Office, for the years ended 1990–1995 (Published by the Order of the House of Representatives, Wellington)

Canada

Canadian Law Reform Commission, Report on Evidence (1978)

Canadian Law Reform Commission, Compellability of the Accused and the Admissibility of his Statements (1973)

Australia

Attorney-General’s Department, Commonwealth Evidence Law: Evidence Act 1995 (AGPS, Canberra, 1995)

Australian Law Reform Commission, Interim Report on Evidence (ALRC R26, Canberra, 1985)

Australian Law Reform Commission, Report on Evidence (ALRC R38, Canberra, 1987)

Australian Parliamentary Committee on Corporations and Securities, Use Immunity Provisions in the Corporations Law and the Australian Securities Commission Law (Canberra, 1991)

Senate Legal and Constitutional References Committee, Investigatory Powers of the Australian Securities Commission (Canberra, 1995)

United Kingdom

Law Reform Committee, Report on Privilege in Civil Proceedings, 16th Report (Cmnd 3472, London, 1967)

Lord Chancellor’s Department, The Privilege Against Self-Incrimination in Civil Proceedings: A Consultation Paper (Home Office, London, 1992)

Report of the Working Group on the Right of Silence (London, July 1989)

Serious Fraud Office Annual Report 1994–95 (London, 1995)

The General Council of the Bar, Report on a Working Party on Long Fraud Trials (London, 1992)

BOOKS

Adams on Criminal Law (Robertson ed, Brooker & Friend, Wellington, 1992)

Allen and Kuhns, Constitutional Criminal Procedure (2nd ed, Little, Brown & Co (Canada) Ltd, Toronto, 1991)

Bentham, Rationale of Judicial Evidence, Hunt & Clarke, London 1827 reprinted (Garland, New York, 1978)

Binney, Chaplin and Wallace, Mihaia (Oxford University Press, Auckland, 1979)

Blackstone, Commentaries on the Laws of England (19th ed, Sweet & Maxwell, London, 1836)

Brandon & Davies, Wrongful Imprisonment: Mistaken Convictions and Their Consequences (Allen & Unwin, London, 1972)

Cross on Evidence (Mathieson, 4th NZ ed, Butterworths, Wellington, 1989)

Feldman, The Law Relating to Entry, Search and Seizure (Butterworths, London, 1986)

Garrow and McGechan’s Principles of the Law of Evidence (McGechan, 7th ed, Butterworths, Wellington, 1984)

Halsbury’s Laws of England (4th ed, Butterworths, London, 1994, vol 12)

Hogg, Constitutional Law of Canada (3rd ed, Carswell, Ontario, 1992)

Levy, Origins of the Fifth Amendment: The Right Against Self-Incrimination (Macmillan, New York, 1986)

McConville, Sanders & Leng, The Case for the Prosecution (Routledge, London, 1991)

McHugh, The Mäori Magna Carta: New Zealand Law and the Treaty of Waitangi (Oxford University Press, Auckland, 1991)

McNicol, The Law of Privilege (The Law Book Company, Sydney, 1992)

Mirfield, Confessions (Sweet & Maxwell, London, 1985)

Orange, The Treaty of Waitangi (Allen & Unwin, Wellington, 1987)

Patterson, Exploring Mäori Values (Dunmore Press, Palmerston North, 1992)

Sopinka, Lederman and Bryant, The Law of Evidence in Canada (Butterworths, Canada, 1992)

Stephen, A History of the Criminal Law of England (Macmillan & Co, London, 1883, reprinted by William S Hein & Co, Buffalo, New York)

Stuart, Charter Justice in Canadian Criminal Law (Thomson Professional Publishing, Canada, 1991)

Tauroa and Tauroa, Te Marae: A Guide to Customs and Protocol (Reed Methuen, Auckland, 1986)

Ward, A Show of Justice (Auckland University Press, Auckland, 1973)

Wigmore on Evidence (McNaughton rev, Little, Brown & Co, Boston, 1961)

ARTICLES

Andrews, Dirkis and Bondfield, “The Diminishing Role of the Privilege Against Self-Incrimination in Commonwealth Legislation, or, Has the Phantom Federal ‘Fifth’ Finally Faded?” (1993) 3 Australian Journal of Corporate Law 54

Baxt, “Editorial” (1992) 10 Company and Securities Law Journal 235

Baxt, “The Removal of the Right of Corporations not to Self-Incriminate” (1992) 10 Company and Securities Law Journal 277

Berg, “Give Me Liberty or Give Me Silence: Taking a Stand on Fifth Amendment Implications for Court-Ordered Therapy Programs” (1994) 79 Cornell Law Review 700

Birtles, “The Privilege Against Self-Incrimination” Solicitors Journal 8 April 1994, 342

Bix and Thomkins, “The Sounds of Silence: A Duty to Incriminate Oneself?” (1992) Autumn Public Law 363

Brackely, “Now it’s Personal: Withdrawing the Fifth Amendment’s Content-Based Protection for all Private Papers in United States v Doe” (1994) 60 Brooklyn Law Review 553

Cato, “Petty and Maiden: The Privilege against Self-Incrimination and its Progeny” (1992) 16 Crim LJ 211

Ciardiello, “Seeking Refuge in the Fifth Amendment: The Applicability of the Privilege Against Self-Incrimination to Individuals Who Risk Incrimination Outside the United States” (1992) 15 Fordham International Law Journal 722

Corns, “The ‘Big Four’: Privileges and Indemnities” (1994) 27 The Australian and New Zealand Journal of Criminology 133

Cotton, “Company Directors and the Privilege Against Self-Incrimination in Civil Proceedings: Is Use Immunity the Answer?” Parts 1–3 (1994) 15 The Company Lawyer 99

Craig, “Anton Pillers After Universal Thermosensors” Solicitors Journal 30 Oct 1992, 1079

Cummings, “The Exxon Valdez Oil Spill and the Confidentiality of Natural Resource Damage Assessment Data” (1992) 19 Ecology Law Quarterly 363

Dennis, “Instrumental Protection, Human Right or Functional Necessity? Reassessing the Privilege Against Self-Incrimination” (1995) 54 Cambridge Law Journal 342

Dripps, “Self-Incrimination and Self-Preservation: A Skeptical View” (1991) 2 University of Illinois Law Review 329

Easton, “Bodily Samples and the Privilege Against Self-Incrimination” [1991] Crim LR 18

Freckelton, “Witnesses and the Privilege Against Self-Incrimination” (1985) 59 ALJ 204

Frommel, “The Right to Silence and the Powers of the Serious Fraud Office” (1992) 15 The Company Lawyer 227

Gilchrist, “Crime Reporter” Solicitors Journal 17 July 1992, 704

Gilchrist, “Crime Reporter” Solicitors Journal 13 November 1992, 1134

Gilchrist, “Crime Reporter” Solicitors Journal 14 October 1994, 1046

Griswold, “The Right to Be Let Alone” (1960) 55 Northwestern University Law Review 216

Goldberg, “Fourth Amendment” ABA Journal January 1993, 82

Gudjonsson, “Interrogative Suggestibility: Its Relationship With Assertiveness, Social-Evaluative Anxiety, State Anxiety and Method of Coping” (1988) 27 Br J Clin Psychol 159

Gudjonsson, “One Hundred False Confession Cases: Some Normative Data” (1990) 29 Br J Clin Psychol 249

Gudjonsson, “Suggestibility and Compliance Among Alleged False Confessors and Resisters in Criminal Trials” (1991) 31 Med Sci Law 151

Gudjonsson, “The Relationship of Intelligence and Memory to Interrogative Suggestibility: The Importance of Range Effects” (1988) 27 Br J Clin Psychol 185

Gudjonsson and MacKeith, “A Proven Case of False Confession: Psychological Aspects of the Coerced-Compliant Type” (1990) 30 Med Sci Law 329

Gudjonsson and MacKeith, “Retracted Confessions: Legal Psychological and Psychiatric Aspects” (1988) 28 Med Sci Law 190

Hansen, “Hazelwood’s Conviction Overturned” ABA Journal October 1992, 25

Harvey, “Silence and Self-Incrimination Protections in the Children, Young Persons, and Their Families Act” (1995) 1 Butterworths Family Law Journal 247

Heffernan, “Property, Privacy and the Fourth Amendment” (1994) 60 Brooklyn Law Review 633

Helmholz, “Origins of the Privilege Against Self-Incrimination: The Role of the European Ius Commune” (1990) 65 NYULR 962

Henry, “Earl F Nelson Memorial Lecture: The Right to Protection Against Self-Incrimination” (1986) 51 Missouri Law Review 202

Herman, “The Unexplored Relationship Between the Privilege Against Compulsory Self-Incrimination and the Involuntary Confession Rule (Part II)” (1992) 53 Ohio State Law Journal 101

Hermann ed, “No Right to Silence for Companies” Business Law Brief Nov 1989, 9

Holgate, “Corporate Liability” Solicitors Journal 20 August 1993, 826

Ihimaera, “Mäori Life and Literature: A Sensory Perception”, New Zealand Through the Arts: Past and Present, Friends of the Turnbull Library, Reported from the Turnbull Library Record, Wellington, 1982

Inbau and Manak, “Miranda v Arizona – Is it Worth the Cost?: A Sample Survey, with Commentary, of the Expenditure of Court Time and Effort” (1988) 24 California West Law Review 185

Jackson, “Inferences from Silence: From Common Law to Common Sense” (1993) 44 Northern Ireland Legal Quarterly 103

Jenkins, “Anton Piller Orders and the Privilege Against Self-Incrimination” Australian Corporate Lawyer September 1989, 24

Langbein, “The Historical Origins of the Privilege Against Self-Incrimination at Common Law” (1994) 92 Michigan Law Review 1047

Lewis, “Bentham’s View of the Right to Silence” [1990] CLP 135

Lyons, “Draconian Powers?” Solicitors Journal 14 May 1993, 446

MacNair, “The Early Development of the Privilege Against Self-Incrimination” (1990) 10 Oxford Journal of Legal Studies 66

Magner, “Dealing with Claims to the Privilege Against Self-Incrimination in Civil Cases” (1988) 8 Australian Bar Review 149

Maloney, “The Criminal Evidence (NI) Order 1988: A Radical Departure from the Common Law Right to Silence in the U.K.?” (1993) 16 Boston College International and Comparative Law Review 425

Menlowe, “Bentham, Self-Incrimination and the Law of Evidence” (1988) 104 LQR 286

Moglen, “Taking the Fifth: Reconsidering the Origins of the Constitutional Privilege Against Self-Incrimination” (1994) 92 Michigan Law Review 1086

Morton, “The SFO and the Spread of White-Collar Crime” (1993) 143 New Law Journal 802

Moylan and Sonsteg, “The Privilege Against Compelled Self-Incrimination” (1990) 16 William Mitchell Law Review 249

Murphy, “The Aftermath of the Iran-Contra Trials: The Uncertain Status of the Derivative Use Immunity” (1992) 51 Maryland Law Review 1011

Paciocco, “Self-Incrimination: Removing the Coffin Nails” (1989) 35 McGill Law Journal 73

Paulen, “Corporate Fraud: Civil Disclosures in Criminal Proceedings” (1994) 57 The Modern Law Review Limited 280

Phippen, “Silent Right” (1993) 90 Gazette 17

Plasket, “The Final Word on Anton Piller Orders Against the Police” (1992) 8 South African Journal on Human Rights 569

Rishworth and Optican, “Two Comments on MOT v Noort: How Does the Bill of Rights Work?; The Right to Counsel in Breath/Blood Alcohol Investigations Noort from the United States Perspective” [1992] NZ Recent Law Review 189

Robertson, “F W Guest Memorial Lecture 1992: Rights and Responsibilities in the Criminal Justice System” (1992) 7 Otago Law Review 501

Robertson, “The Right to Silence Ill-Considered” (1991) 21 VUWLR 139

Rosenburg and Rosenburg, “In the Beginning: The Talmudic Rule Against Self Incrimination” (1988) 63 NYULR 955

Roser, “The Independent Commission Against Corruption: The New Star Chamber?” (1992) 16 Criminal Law Journal 225

Santow, “The Trial of Complex Corporate Transgressors – The United Kingdom Experience and the Australian Context” (1993) 67 Australian Law Journal 265

Sarker, “‘Ring-Fencing’ The Right to Silence?” (1994) 15 The Company Lawyer 275

Sarker, “The Serious Fraud Office – Quo Vadis?” (1994) 16 The Company Lawyer 56

Schulhofer, “Some Kind Words for the Privilege Against Self-Incrimination” (1991) 26 Valparaiso University Law Review 311

Shein, “The Privilege Against Self-Incrimination Under Siege: Asherman v Meachum” (1993) 59 Brooklyn Law Review 503

Smith, “The Privilege Against Self-Incrimination in Cases of Serious Fraud” (1992) 18 Archbold News 5

Stremers, “The Self-Incrimination Clause and the Threat of Foreign Prosecution in Bankruptcy Proceedings: A Comment on Moses v Allard” (1993) 70 University of Detroit Mercy Law Review 847

Tarallo, “The Fifth Amendment Privilege Against Self-Incrimination: The Time Has Come for the United States Supreme Court to End its Silence on the Rationale Behind the Contemporary Application of the Privilege” (1992) 27 New England Law Review 137

Tate, “The Unseen World” (1990) 5 New Zealand Geographic 90

Thomas, “The So-Called Right to Silence” (1991) 14 NZULR 299

Webb, “Plea Bargaining: Should Criminal Justice be Negotiable?” [1992] NZLJ 421

Webster, “Study Supports Confession Restrictions” Solicitors Journal 5 March 1993, 187

Wilkinson, “Recent Developments Affecting Anton Piller Orders” (1993) 23 Hong Kong Law Journal 79

Will, “ ‘Dear Diary – Can You Be Used Against Me?’: The Fifth Amendment and Diaries” (1994) 35 Boston Law Review 965

Williams, “The Tactic of Silence” (1987) 137 NLJ 1107