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"Let in the light of evidence!"--JEREMY BENTHAM

". . . . we believe it a fair presumption that secrecy
means impropriety."--WOODROW WILSON

"Few would be so narrow or provincial as to maintain
that a fair and enlightened system of justice would be im-
possible without . . . immunity from compulsory self-in-
crimination. . . . This too might be lost, and justice still be
done. Indeed, today as in the past there are students of our
penal system who look upon the immunity as a mischief
rather than a benefit, and who would limit its scope, or
destroy it altogether. No doubt there would remain the
need to give protection against torture, physical or men-
tal. . . . Justice, however, would not perish if the accused
were subject to a duty to respond to orderly inquiry."--
MR. JUSTICE BENJAMIN CARDOZO, Palko v. Connecticut

"Wonders of the law! Yet now we are asked to believe
that there is no lawful way of establishing by competent
evidence what is known universally as sunrise. There must
be some way of dispelling this ridiculous absurdity by the
application of common sense. If there is not, the event will
lead overwhelmingly to the famous assertion that the law
is an ass."

Wonders of the Law, Editorial, New York Times,
November 26, 1926.

"The judicial practice, now too common, of treating
with warm and fostering respect every appeal to this priv-
ilege, and of amiably feigning each guilty invocator to
be an unsullied victim hounded by the persecutions of a
tyrant, is a mark of traditional sentimentality."--JOHN
H. WIGMORE, Treatise on Evidence ยง 2192 (3rd ed. 1940).

-6-

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Publication Information: Book Title: Common Sense and the Fifth Amendment. Contributors: Sidney Hook - author. Publisher: Criterion Books. Place of Publication: New York. Publication Year: 1957. Page Number: 6.
    
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