"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- |