Miranda v. Arizona · ¶44
Thus we may view the historical development of the privilege as one which groped for the proper scope of governmental power over the citizen. As a “noble principle often transcends its origins,” the privilege has come rightfully to be recognized in part as an individual’s substantive right, a “right to a private enclave where he may lead a private life. That right is the hallmark of our democracy.” United States v. Grunewald, 233 F. 2d 556, 579, 581-582 (Frank, J., dissenting), rev’d, 353 U. S. 391 (1957). We have recently noted that the privilege against self-incrimination — the essential mainstay of our adversary system — is founded on a complex of values, Murphy v. Waterfront Comm’n, 378 U. S. 52, 55-57, n. 5 (1964); Tehan v. Shott, 382 U. S. 406, 414-415, n. 12 (1966). All these policies point to one overriding thought: the constitutional foundation underlying the privilege is the…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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