The Privilege against Self-Incrimination

Its Origins and Development

By: R. H. Helmholz, Charles M. Gray, John H. Langbein, Eben Moglen

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Hardcover | 10 July 1997 | Edition Number 1

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320 Pages

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23.39 x 15.94 x 2.54

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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.

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Non-Fiction Law Jurisprudence & General Issues Legal Skills & Practice Laws of Specific Jurisdictions Constitutional & Administrative Law Systems of Law Common Law Legal System in General Courts & Procedure Criminal Law & Procedure

Preface
Abbreviations
Introduction
The Privilege and the Ius Commune: The Middle Ages to the Seventeenth Century
Self-Incrimination in Interjurisdictional Law: The Sixteenth and Seventeenth Centuries
The Privilege and Common Law Criminal Procedure: The Sixteenth to the Eighteenth Centuries
The Privilege in British North America: The Colonial Period to the Fifth Amendment
The Modern Privilege: Its Nineteenth-Century Origins
A Peculiar Privilege in Historical Perspective



Table of Contents provided by Publisher. All Rights Reserved.

The Privilege against Self-Incrimination

Its Origins and Development

At a Glance

Hardcover

Shipping

How to return your order

Defective items

You Can Find This Book In

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