A Selection of Cases On Constitutional Law
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S. 226. The general question, therefore, is, whether such a law violates the Fourteenth Amendment, either by abridging the privileges or immunities of citizens of tiie United States, or by depriving persons of their life, liberty or proix'rty without due process of law. . . .
The exemption from testimonial compulsion, that is, from dis- closure as a witness of evidence against oneself, forced by any form of legal process, is universal in American law, though there may be differences as to its e...xact scope and limits. At the time of the formation of the Union the principle that no person could be compelled to be a witness against himself had become embodied in the common law^ and distinguished it from all other systems of jurisprudence. It was generally regarded then, as now% as a priv- ilege of great value, a protection to the innocent though a shelter to the guilty, and a safeguard against heedless, unfounded or tyrannical prosecutions. Five of the original thirteen States (North Carolina, 1776; Pennsylvania, 1776; Virginia, 1776; Massachusetts, 1780; New Hampshire, 1784) had then guarded the principle from legislative or judicial change by including it in constitutions or bills of rights; IMaryland had provided in her constitution (1776) that " no man ought to be compelled to give evidence against himself, in a common court of law, or in any other court, but in such cases as have been usually practised in this State or may hereafter be directed by the legislature "; and in the re- mainder of those States there seems to be no doubt that it was recognized by the courts.
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To quickly assess the difficulty of the text, read a short excerpt:
S. 226. The general question, therefore, is, whether such a law violates the Fourteenth Amendment, either by abridging the privileges or immunities of citizens of tiie United States, or by depriving persons of their life, liberty or proix'rty without due process of law. . . .
The exemption from testimonial compulsion, that is, from dis- closure as a witness of evidence against oneself, forced by any form of legal process, is universal in American law, though there may be differences as to its e...xact scope and limits. At the time of the formation of the Union the principle that no person could be compelled to be a witness against himself had become embodied in the common law^ and distinguished it from all other systems of jurisprudence. It was generally regarded then, as now% as a priv- ilege of great value, a protection to the innocent though a shelter to the guilty, and a safeguard against heedless, unfounded or tyrannical prosecutions. Five of the original thirteen States (North Carolina, 1776; Pennsylvania, 1776; Virginia, 1776; Massachusetts, 1780; New Hampshire, 1784) had then guarded the principle from legislative or judicial change by including it in constitutions or bills of rights; IMaryland had provided in her constitution (1776) that " no man ought to be compelled to give evidence against himself, in a common court of law, or in any other court, but in such cases as have been usually practised in this State or may hereafter be directed by the legislature "; and in the re- mainder of those States there seems to be no doubt that it was recognized by the courts.
What to read after A Selection of Cases On Constitutional Law?
You can find similar books in the "Read Also" column, or choose other free books by Eugene Wambaugh to read onlineMoreLess
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