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Subject: oh yeah, the aclu and dept of justice are coming also!


Author:
al penny
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Date Posted: 12:41:57 08/13/11 Sat

It has been said that the privilege against self-incrimination is the “essential mainstay” of our system of criminal justice (Malloy v. Hogan (1964) 378 U.S. 1, 7), and reflects many of the fundamental values and most noble aspirations of our society, including: “our unwillingness to subject those suspected of crime to the cruel trilemma of self-accusation, perjury or contempt; our preference for an accusatorial rather than an inquisitorial system of criminal justice; our fear that self-incriminatory statements will be elicited by inhumane treatment and abuses; … our respect for the inviolability of the human personality …; our distrust of self-deprecatory statements; and our realization that the privilege, while sometimes “a shelter to the guilty” is often “a protection to the innocent”. Quinn v. United States, 349 U.S. 155, 162. (Murphy v. Waterfront Comm’n (1964) 378 U.S. 52, 55.)

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