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Here's some reading since it seems many were interested in the topic: https://apps.americanbar.org/abastore/products/books/abstracts/5090120chap1_abs.pdf https:
by mehrdadn 8y ago
Here's some reading since it seems many were interested in the topic: https://apps.americanbar.org/abastore/products/books/abstracts/5090120chap1_abs.pdf https://apps.americanbar.org/abastore/products/books/abstrac...
> The Supreme Court traces the roots of our Fifth Amendment right against self-incrimination to the protections the English courts and Parliament
granted to those religious dissenters who were compelled to take oaths when called before the ecclesiastical courts, as well as the Court of High
Commission and the Star Chamber. These courts used the “oath ex officio” to force heretics from the Church of England to swear before God to truthfully answer all questions, even before the heretics even knew the nature of the accusations against them. By use of the oath in conducting their investigations of religious heresy, these courts left witnesses with the “cruel trilemma” of (1) refusing to take the oath, which constituted contempt and subjected the person to torture; (2) taking the oath and telling the truth about their religious beliefs, which, if heretical, was punishable by death; or (3) taking the oath and lying, which was also punishable by death. In other words, this inquisitorial system countenanced methods of interrogating persons designed to lead only to confessions.
> [...] Parliament eventually abolished the Court of High Commission and the Star Chamber and, in 1662, passed a law providing that “no man shall administer to any person whatsoever the oath usually called ex officio or any other oath whereby such persons may be charged or compelled to confess to any criminal matter.” By the late eighteenth century, as the English common law courts began to recognize the presumption of innocence, trial judges in criminal cases began to afford defendants the right not to incriminate themselves, establishing the privilege against self-incrimination as a fundamental rule of evidence.