CHARLES C. NOTT JR.

This is the classic argument given by those who would deny a defendant the Constitutional protection against self-incrimination. The belief that an innocent man has nothing to fear from the police is refuted by the many cases of innocent men being convicted by evidence they have given in the belief that they were innocent, and served long jail sentences only to later be proved by DNA evidence that they could not possibly have been guilty. Since Nott’s day, society has not only found many cases where honest error was made by the police or prosecutors, but many where there was venal prosecutorial misconduct and defendants were jailed even though the authorities were aware of evidence of innocence and kept it secret. There have been a number of these cases where a defendant was on death row and about to be executed when it was found he was innocent. Probably there have been men wrongly executed. See {629444} for a probable example.

This interesting historical quotation illustrates the fact that in almost every American generation there are those who believe that society has gone too far in protecting the rights of criminal suspects at the expense of law and order in the general society. This is nothing new. This is a classic argument given by those who would deny a defendant the Constitutional protection against self-incrimination. The belief that an innocent man has nothing to fear from the police is refuted by the many cases of innocent men being convicted by evidence they have given in the belief that they were innocent, and served long jail sentences only to later be proved by DNA evidence that they could not possibly have been guilty. Since Nott’s day, society has not only found many cases where honest error was made by the police or prosecutors, but many where there was venal prosecutorial misconduct and defendants were jailed even though the authorities were aware of evidence of innocence and kept it secret. There have been a number of these cases where a defendant was on death row and about to be executed when it was found he was innocent. Probably there have been men wrongly executed. See {629444} for a probable example.

This is the classic argument given by those who would deny a defendant the Constitutional protection against self-incrimination. The belief that an innocent man has nothing to fear from the police is refuted by the many cases of innocent men being convicted by evidence they have given in the belief that they were innocent, and served long jail sentences only to later be proved by DNA evidence that they could not possibly have been guilty. Since Nott’s day, society has not only found many cases where honest error was made by the police or prosecutors, but many where there was venal prosecutorial misconduct and defendants were jailed even though the authorities were aware of evidence of innocence and kept it secret. There have been a number of these cases where a defendant was on death row and about to be executed when it was found he was innocent. Probably there have been men wrongly executed. See {629444} for a probable example.

This interesting historical quotation illustrates the fact that in almost every American generation there are those who believe that society has gone too far in protecting the rights of criminal suspects at the expense of law and order in the general society. This is nothing new. This is a classic argument given by those who would deny a defendant the Constitutional protection against self-incrimination. The belief that an innocent man has nothing to fear from the police is refuted by the many cases of innocent men being convicted by evidence they have given in the belief that they were innocent, and served long jail sentences only to later be proved by DNA evidence that they could not possibly have been guilty. Since Nott’s day, society has not only found many cases where honest error was made by the police or prosecutors, but many where there was venal prosecutorial misconduct and defendants were jailed even though the authorities were aware of evidence of innocence and kept it secret. There have been a number of these cases where a defendant was on death row and about to be executed when it was found he was innocent. Probably there have been men wrongly executed. See {629444} for a probable example.