The Privilege Against Self-Incrimination Its Origins and Development
- List Price: $52.00
- Binding: Hardcover
- Publisher: Univ of Chicago Pr
- Publish date: 06/01/1997
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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