NCJ Number
11836
Date Published
1972
Length
130 pages
Annotation
HISTORY OF HUMAN EFFORTS TO COMPEL A PERSON TO CONDEMN HIMSELF BY HIS OWN TESTIMONY, AND OF THE STRUGGLE TO ASSERT THE RIGHT TO REFUSE TO SO TESTIFY.
Abstract
THE FIRST TWO CHAPTERS PROVIDE A GENERAL DISCUSSION OF THE SIGNIFICANCE OF THE RIGHT TO REFUSE TO TESTIFY AGAINST ONESELF AND A SURVEY OF THE DEVELOPMENT OF THE ACCUSATORIAL SYSTEM IN ENGLAND. SUBSEQUENT CHAPTERS DEAL WITH THE INQUISITION AND THE INTRODUCTION OF ITS PROCEDURES INTO ENGLAND AFTER THE NORMAN CONQUEST. THE PRIVY COUNCIL HELD SECRET HEARINGS IN THE SO-CALLED STAR CHAMBER (THE CEILING OF THE ROOM WAS DECORATED WITH GOLDEN STARS), TRYING PERSONS ACCUSED OF RELIGIOUS AND POLITICAL CRIMES. THE EFFORTS OF A NUMBER OF INDIVIDUALS IN ENGLAND, INCLUDING SIR THOMAS MORE AND JOHN LILBURNE, TO GET RECOGNITION FOR THE RIGHT TO REMAIN SILENT ARE DESCRIBED. EFFORTS BY RELIGIOUS AUTHORITIES TO CONTROL DISSENT IN THE AMERICAN COLONIES ARE CITED AND EXAMPLES OF INDIVIDUALS REFUSING TO TESTIFY AGAINST THEMSELVES THERE ARE GIVEN. THERE IS A BRIEF ACCOUNT OF THE INCLUSION OF THE BILL OF RIGHTS - WITH THE FIFTH AMENDMENT - IN THE CONSTITUTION. FINALLY, USE OF THE POLICE THIRD DEGREE TO OBTAIN CONFESSIONS AND THE ANTICOMMUNIST PROBES LED BY SENATOR MCCARTHY IN THE 1950'S ARE DISCUSSED AS EXAMPLES OF MODERN THREATS TO THE RIGHT NOT TO TESTIFY AGAINST ONESELF.