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Taking The Fifth: Reconsidering The Origins Of The Constitutional Privilege Against Self-Incrimination, Eben Moglen
Taking The Fifth: Reconsidering The Origins Of The Constitutional Privilege Against Self-Incrimination, Eben Moglen
Michigan Law Review
The purpose of this essay is to cast doubt on two basic elements of the received historical wisdom concerning the privilege as it applies to British North America and the early United States. First, early American criminal procedure reflected less tenderness toward the silence of the criminal accused than the received wisdom has claimed. The system could more reasonably be said to have depended on self-incrimination than to have eschewed it, and this dependence increased rather than decreased during the provincial period for reasons intimately connected with the economic and social context of the criminal trial in colonial America.
Second, …
Sotto Voce: The Supreme Court's Low Key But Not Insignificant Criminal Law Rulings During The 1992 Term, William E. Hellerstein
Sotto Voce: The Supreme Court's Low Key But Not Insignificant Criminal Law Rulings During The 1992 Term, William E. Hellerstein
Touro Law Review
No abstract provided.