The question of whether the privilege against self-incrimination should cover physical search as well as the obligation to provide documents requires a serious examination of the justifications underlying the privilege against self-incrimination, and is of particular relevance in the current age of technological transformations that expand the powers assigned to law-enforcement agencies to access knowledge and thoughts stored in individuals' minds. The paper addresses the comparative law regarding the applicability of the privilege to physical search and to the obligation to submit documents and discusses key justifications of the privilege against self-incrimination. The paper concludes that applying the privilege against self-incrimination to physical search and to the obligation to submit documents is necessary to protect the autonomy of suspects to choose their defense strategy.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand. We will be announcing more details about the conference soon, including financial support to early career and global south scholars!