The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
I wonder if you have ever heard of the days when men were tortured to make
them confess. I wonder if you ever heard of the rack where men were
stretched, almost torn limb from limb, or of the days when men were hung
up by their thumbs, in order to compel them to admit their guilt of some
crime. Have you read of the burning of the soles of men’s feet? Or the
application of red hot irons to other parts of the body in order to extort
a confession? Well those were common things in some of the countries in
the days before America was born. Men would be arrested, charged with an
offense, and then an effort would be made to torture them into confessing
to the crime. And often where no such brutal torture was employed, men
were brought into court, put on the stand, threatened, examined, and cross
examined by lawyers to try to gain admissions which might help to prove
their guilt. Of course this was all wrong. It was brutal. It was a
violation of human right. When the Constitution of the United States was
framed this great abuse of human privilege was absolutely barred by the
provision, that no one can “be compelled in any criminal case to be a
witness against himself”. In this country, when a man is brought into
court charged with a crime, it is the duty of the government to prove his
guilt. This proof must be by the sworn testimony of witnesses of certain
facts or circumstances, aside from any statement or admission by the
defendant. He cannot be compelled to be a witness at all. If he so wishes,
however, he may be a witness for himself. This privilege was denied him
under the English practice for generations, and even in this country in
many of the States until a comparatively recent time; but never since the
Constitution was adopted could any person charged with a crime against the
United States be compelled to testify to any fact or circumstance in
relation to the crime. Not only can he sit in the court room and listen to
the stories told against him, but he is guaranteed this right by
protection against any threats or inducements outside of court and before
the trial which would lead him to say anything against his innocence.
Every judge in criminal courts has been compelled at times to refuse to
admit in evidence before the jury certain statements or alleged
confessions. You may see in the paper where some man has been arrested for
breaking into a bank or committing some other offense, and it may be
further stated that the defendant has confessed that he broke into the
bank. Naturally you then say to yourself that he will be found guilty.
Well this constitutional guaranty not only protects him in court but
protects him out of court. He cannot be compelled to give answers after
his arrest while he is in jail, or even if he is at liberty under bond,
which can be used against him upon the trial. Of course a person charged
with a crime may waive this constitutional guaranty. He may voluntarily
Public-domain text, read in full here on John Shaqi.
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