by
Anonymous Coward
on 2019年11月28日 18時21分
(#3723394)
The amendment as proposed by Congress in 1789 reads as follows:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Historically, the legal protection against compelled self-incrimination was directly related to the question of torture for extracting information and confessions.[39][40] The legal shift away from widespread use of torture and forced confession dates to turmoil of the late 16th and early 17th century in England.[41] Anyone refusing to take the oath ex officio mero (confessions or swearing of innocence, usually before hearing any charges) was considered guilty.[41] Suspected Puritans were pressed to take the oath and then reveal names of other Puritans. Coercion and torture were commonly used to compel "cooperation." Puritans, who were at the time fleeing to the New World, began a practice of refusing to cooperate with interrogations. In the most famous case John Lilburne refused to take the oath in 1637. His case and his call for "freeborn rights" were rallying points for reforms against forced oaths, forced self-incrimination, and other kinds of coercion. Oliver Cromwell's revolution overturned the practice and incorporated protections, in response to a popular group of English citizens known as the Levellers. The Levellers presented The Humble Petition of Many Thousands to Parliament in 1647 with 13 demands, the third of which was the right against self-incrimination in criminal cases. These protections were brought to America by Puritans, and were later incorporated into the United States Constitution through the Bill of Rights. https://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Con... [wikipedia.org]
Coercion and torture were commonly used to compel "cooperation." Puritans, who were at the time fleeing to the New World, began a practice of refusing to cooperate with interrogations.
In the most famous case John Lilburne refused to take the oath in 1637. His case and his call for "freeborn rights" were rallying points for reforms against forced oaths, forced self-incrimination, and other kinds of coercion.
These protections were brought to America by Puritans, and were later incorporated into the United States Constitution through the Bill of Rights.
自分に不利な証言 (スコア:0)
自分に不利な証言はしなくていいというのは、もともとどういう思想なの？
＞パスワード開示が金庫の鍵を引き渡すのとは異なり
とあるけど、パスワード教えなくていいなら金庫の鍵も渡さなくていいように感じる。
Re:自分に不利な証言 (スコア:2, 参考になる)
The amendment as proposed by Congress in 1789 reads as follows:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
https://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Con... [wikipedia.org]
Historically, the legal protection against compelled self-incrimination was directly related to the question of torture for extracting information and confessions.[39][40]
The legal shift away from widespread use of torture and forced confession dates to turmoil of the late 16th and early 17th century in England.[41] Anyone refusing to take the oath ex officio mero (confessions or swearing of innocence, usually before hearing any charges) was considered guilty.[41] Suspected Puritans were pressed to take the oath and then reveal names of other Puritans. Coercion and torture were commonly used to compel "cooperation." Puritans, who were at the time fleeing to the New World, began a practice of refusing to cooperate with interrogations. In the most famous case John Lilburne refused to take the oath in 1637. His case and his call for "freeborn rights" were rallying points for reforms against forced oaths, forced self-incrimination, and other kinds of coercion. Oliver Cromwell's revolution overturned the practice and incorporated protections, in response to a popular group of English citizens known as the Levellers. The Levellers presented The Humble Petition of Many Thousands to Parliament in 1647 with 13 demands, the third of which was the right against self-incrimination in criminal cases. These protections were brought to America by Puritans, and were later incorporated into the United States Constitution through the Bill of Rights.
https://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Con... [wikipedia.org]
被告人が自分に不利な証言を拒むことを認める ≒ 証言拒否を拷問や有罪判決の口実にすることを禁じる
Re: (スコア:0)
「最終的に強制させようと思ったら拷問するしかない」というのが境界線かな
Re: (スコア:0)
Coercion and torture were commonly used to compel "cooperation." Puritans, who were at the time fleeing to the New World, began a practice of refusing to cooperate with interrogations.
In the most famous case John Lilburne refused to take the oath in 1637. His case and his call for "freeborn rights" were rallying points for reforms against forced oaths, forced self-incrimination, and other kinds of coercion.
These protections were brought to America by Puritans, and were later incorporated into the United States Constitution through the Bill of Rights.
建国神話に基づいて
Re: (スコア:0)
その内、脳スキャンでパスワードを回収できるようになるのでは？