Miranda v. Arizona · ¶43
On account of the Lilburn Trial, Parliament abolished the inquisitorial Court of Star Chamber and went further in giving him generous reparation. The lofty principles to which Lilburn had appealed during his trial gained popular acceptance in England. These sentiments worked their way over to the Colonies and were implanted after great struggle into the Bill of Rights. Those who framed our Constitution and the Bill of Rights were ever aware of subtle encroachments on individual liberty. They knew that “illegitimate and unconstitutional practices get their first footing... by silent approaches and slight deviations from legal modes of procedure.” Boyd v. United States, 116 U. S. 616, 635 (1886). The privilege was elevated to constitutional status and has always been “as broad as the mischief against which it seeks to guard.” Counselman v. Hitchcock, 142 U. S. 547, 562 (1892). We cannot…Read in context ›
U. S. Reports, bound volume
U. S. Reports, volume 384, at 436 (Library of Congress) · transcription: Caselaw Access Project
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