Privilege Against Self-Incrimination : Its Origins and Development

Helmholz, R. H. (EDT); Gray, Charles M.; Langbein, John H.; Moglen, Eben; Smith, Henry E.; Alschuler, Albert W.

ISBN 10: 0226326608 / ISBN 13: 9780226326603

Editore: University of Chicago Press, 1997

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Dati bibliografici

• Titolo: Privilege Against Self-Incrimination : Its Origins and Development
• Editore: University of Chicago Press
• Data di pubblicazione: 1997
• Lingua: Inglese
• ISBN 10: 0226326608
• ISBN 13: 9780226326603
• Rilegatura: Rilegato
• Condizione: As New

Descrizione articolo

Riassunto

Challenging the accounts of John Henry Wigmore and Leonard W. Levy, this history of the privilege against self-incrimination demonstrates that what has sometimes been taken to be an unchanging tenet of our legal system has actually encompassed many different legal consequences in a history that reaches back to the Middle Ages.

Each chapter of this definitive study uncovers what the privilege meant in practice. The authors trace the privilege from its origins in the medieval period to its first appearance in English common law, and from its translation to the American colonies to its development into an effective protection for criminal defendants in the nineteenth century. The authors show that the modern privilege--the right to remain silent--is far from being a basic civil liberty. Rather, it has evolved through halting and controversial steps. The book also questions how well an expansive notion of the privilege accords with commonly accepted principles of morality.

This book constitutes a major revision of our understanding of an important aspect of both criminal and constitutional law.

Product Description

This is a history of the privilege in law against self-incrimination, demonstrating that what is sometimes considered an unchanging tenet of the legal system has actually encompassed many different legal consequences. The book seeks to uncover what the privilege meant in practice, and traces its history from its origins in the medieval period to its first appearance in English common law; and from its translation to the American colonies to its development into an effective protection for criminal defendants in the 19th century. The authors aim to show that the modern privilege, "the right to remain silent", is far from being a basic civil liberty. The book also questions how well an expansive notion of the privilege accords with commonly accepted principles of morality. This study seeks to provide a revision of our understanding of an important aspect of both criminal and constitutional law.