MARC Record from marc_columbia

LEADER: 03637fam a2200397 a 4500
001 2229911
005 20220615234826.0
008 960904s1997 ilu b 001 0 eng
010 $a 96035847
020 $a0226326608 (cloth : alk. paper)
035 $a(OCoLC)35397774
035 $a(OCoLC)ocm35397774
035 $9ANV9184CU
035 $a(NNC)2229911
035 $a2229911
040 $aDLC$cDLC$dDLC$dOrLoB-B
043 $ae-uk---$an-us---
050 00 $aKD8386$b.P75 1997
082 00 $a345.41/056$a344.10556$220
245 04 $aThe privilege against self-incrimination :$bits origins and development /$cR.H. Helmholz [and others].
260 $aChicago :$bUniversity of Chicago Press,$c1997.
300 $ax, 310 pages ;$c24 cm
336 $atext$btxt$2rdacontent
337 $aunmediated$bn$2rdamedia
504 $aIncludes bibliographical references (p. 205-294) and index.
505 00 $g1.$tIntroduction /$rR. H. Helmholz --$g2.$tThe Privilege and the Ius Commune: The Middle Ages to the Seventeenth Century /$rR. H. Helmholz --$g3.$tSelf-Incrimination in Interjurisdictional Law: The Sixteenth and Seventeenth Centuries /$rCharles M. Gray --$g4.$tThe Privilege and Common Law Criminal Procedure: The Sixteenth to the Eighteenth Centuries /$rJohn H. Langbein --$g5.$tThe Privilege in British North America: The Colonial Period to the Fifth Amendment /$rEben Moglen --$g6.$tThe Modern Privilege: Its Nineteenth-Century Origins /$rHenry E. Smith --$g7.$tA Peculiar Privilege in Historical Perspective /$rAlbert W. Alschuler.
520 $aSome version of the privilege against self-incrimination - which prohibits compelling men and women to answer questions that will aid in convicting them of a crime - has existed in the Western legal tradition since at least the twelfth century. However, the privilege has taken different forms over the centuries, and its effective implementation as a basic civil liberty is much more recent. Challenging the accounts of John Henry Wigmore and Leonard W.
520 8 $aLevy, this history of the privilege shows that it played a limited role in protecting criminal defendants before the nineteenth century.
520 8 $aEach chapter of this study focuses on a distinct period, uncovering what the privilege meant in practice. Countering the view that the privilege was established in the common law during the course of seventeenth-century constitutional conflicts, the authors demonstrate that, although it was often stated as a principle, the privilege could not assume its current form until the development of modern criminal procedure.
520 8 $aThe authors also analyze the colonial American conception of the privilege, tracing its subsequent development through the nineteenth century and the post-Miranda era as the basis for our modern understanding.
520 8 $aFinally, the authors consider the implications and consequences of the privilege today, when it is considered unfair to expect criminal defendants to participate actively in the criminal process. Not only do they find little historical justification for this expanded conception, but they question how well it accords with commonly accepted principles of morality.
520 8 $aIn revising our understanding of an important part of criminal and constitutional law, The Privilege against Self-Incrimination promises to become the definitive history of the subject.
650 0 $aSelf-incrimination$zGreat Britain$xHistory.
650 0 $aSelf-incrimination$zUnited States$xHistory.
700 1 $aHelmholz, R. H.$0http://id.loc.gov/authorities/names/n85025418
852 00 $boff,leh$hKD8386$i.P75 1997