Origins of the Fifth Amendment: The Right Against Self-incriminationWinner of the Pulitzer Prize in history and a landmark in the study of constitutional origins, Leonard Levy's now-classic study appears for the first time in paperback. Origins probes the intentions of the framers of the Fifth Amendment and emphasizes their belief that in a society based upon respect for the individual, it is more important that the accused not unwillingly contribute to his conviction than that the guilty be punished. "A work of monumental scholarship--broad in scope, thorough, carefully annotated, accurate, and imaginative."--Political Science Quarterly. "Vastly learned...everywhere critical and reflective...written in a style at once lucid and vigorous. All in all, it is quite clearly one of the important contributions to historical literature."--Henry Steele Commager. "A matchless contribution to our understanding of the historical background underlying the adoption of a major provision of the Bill of Rights."--American Political Science Review. "A masterful job."--Oscar Handlin. |
Contents
Rival Systems of Criminal Procedure | 3 |
The Oath Ex Officio | 43 |
The Elizabethan Persecution of Catholics | 83 |
Copyright | |
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accused Act of Supremacy Archbishop authority Barrow Barrowists Beale bill of rights bishops Burghley canon Cartwright Catholic century charges Chief Justice church civil Coke Coke's Colonial commissioners common common-law common-law courts compelled confession conscience constitutional conviction counsel crime declared defendant ecclesiastical courts Elizabeth England English evidence examination Fifth Amendment Fuller guilty Henry heresy heretics High Commission History ibid imprisoned incriminating indictment inquisition inquisitorial interrogatories James John John Lilburne John Whitgift judges jurisdiction king king's lawyers letters patent liberty Lilburne Lilburne's London Lord Magna Carta matters ment ministers Morice nemo tenetur oath ex officio Parliament person petition Petition of Right prerogative prison Privy Council proceedings prohibitions prosecution punishment Puritan queen questions reason religious right against self-incrimination rule seipsum Star Chamber statute Strype suspected swear take the oath Talmud testimony tion torture trial Udall vols Whitgift Wigmore William witnesses writ York