by Leonard W. Levy
|
| List Price: | $18.95 |
| Amazon Price: | $17.05 & eligible for FREE Super Saver Shipping on orders over $25. |
| You Save: | $1.90 (10%) |
| Average Rating: |  |
| Lowest New Price: | $12.65 |
| Availablitiy: | Usually ships in 24 hours |
|
 |
|
Product Description
Origins probes the intentions of the framers of the Fifth Amendment.
Customers who bought this item also bought
Average Customer Review:
5 of 5 people found the following review helpful:
 A Good Historical Account and a Warning, 2007-11-07
Leonard Levy' book title THE ORIGINS OF THE FIFTH AMENDMENT is a valuable study of the Fifth Amendment to the U.S. Constutition. As one reviewer noted the rights which are included in the Fifth Amendment have a long history which gradually became law and an important part of due process. In fact, readers should note that due process are part of the Fifth Amendment.
Levy gives readers a solid, well written background of the Fifth Amendment. His treatment of a 500 year plus history of the Fifth Amendment gives a clear understanding that the Fifth Amendment did not suddenly appear in the U.S Bill of Rights, and the "Founding Fathers" were well aware of this. The Fifth Amendment protection against double jeopardy was included as the "Founding Fathers" knew that British monarchs would continue to have dissenters repeatedly tried after an aquittal until a guilty verdict was rendered.
Another important right established by the Fifth Amendment is the protection against self incrimination. The English jurists of the Court of the Star Chamber used the concepts of "ex officio" and "ex confessio" in hearings. A witness was supposedly to summoned the Court of the Star Chamber and had to answer questions based on the office of the court and jurists. If a witness refused to answer questions, this was taken as confession or a "yes answer." Witnessed did not know the nature of the case and were not informed of charges. They unknowingly incriminated friends, family members, or themselves. Some courageous defendents challenged the process. One of those who vigorously challenged self incrimination was William Penn who proved to be a tough witness.
While included in Fifth Amendment, Habeas Corpus is implied. Habeas Corpus means to have the body (the person of the defendent) in court. During court hearings when defendants are charged with crimes, Habeus Corpus procedures specifically inform criminal defendants what the charges are which gives them a basis of preparing a legal defense aginst these charges. This is why no self incrimination is important. A defendant who does not what the criminal charges are could jeopardize his legal defense by comments that could be used against such a defendant.
Readers should know that Habeas Corpus was included in The Petition of Right which King Charles I agreed to in 1628. However, this protection did not apply to areas outside of England. Dissenters could not be held in jail upon a hearing without being charged with specific crimes. To circumvent Charles I and later Oliver Cromwell incarcerated dissents in Islands off the coast of Scotland which were not part of England. Levy informs readers that this abuse was overcome with the Habeas Corpus Act of 1679 which King Charles acknowleged. The Habeas Corpus Act of 1679 stated that the protection of Habeas Corpus applied anywhere the English (later the British) had control. Since the Stuart English kings were also the monarchs of Scotland, the circumvention was unlawful. One should note that English colonists in North America were included in this protection.
An intereting and amsuing anecdote of this book is the case of John Lilburne (1614-1657). He joined the opposition against Charles I in part because of Lilburne's opposition of perceived abuse of power and rights by Charles I. Yet, Lilburne clearly saw that Cromwell's arbitrary rule was more oppressive than Charles I's. Liburne was repeatedly arrested and put on trial for his life. Levy describes Lilburne as impossible. Lilburne made sure his rights, especially due process, were honored. He demanded public trials because he knew he was popular. To say the Lilburne had the courage of his convictions is an understatement. Lilburne was flogged in public, and he took full advantage his martyrdom. He made impassioned speeches after such floggins in spite of being in terrible pain. Readers would appreciate Levy's description of Lilburne.
Levy brings his study to date re The United States Constitution and The Bill of Rights. He gives specific current judidial rulings regarding Fifth Amendment Rights. One minor criticism is that Levy could have included the Medieval Catholic Canon Law with its precise concern for Par Legum (By Law or Due Process).
Levy' book titled THE ORIGINS OF THE FIFTH AMENDMENT is a valuable history study. This book is also important in that it is a warning about the recent efforts to deny criminal defendants any information about charges against them or access to legal counsel (due process). Readers may think this only applies to someone else. The fact is police state do not suddenly emerge. They develop by incriments. This book should serve as a warning, but too many Americans do not know nor care about their rights until it may be too late. The fact that a few dissenters take a stand may be a good sign. Levy dedicated this book to Mr. Gitlow who was was involved in the important Supreme Court Case titled GITLOW VS NEW YORK (1925). This reviewer urges readers to read and absorb this book.
1 of 2 people found the following review helpful:
 One of our least appreciated rights, 2006-03-24
If you take a survey of Americans of what their most important right is, some would say the freedom of religion, others might say the freedom of speech, but how many would say the right to not incriminate oneself in a criminal trial. Few rights are so clearly illuminated by its definition as this one, yet it is so rarely appreciated. This book provides the history of this concept; the right against self-incrimination, from its roots in the late Middle Ages thru the its incorporation in the US Constitution, and the spread of its practice throughout the growing US nation. As such the book is required reading for those going into law enforcement, criminal justice, and law. As a general text and history book, it is quite boring and not for the easily bored.
6 of 6 people found the following review helpful:
More timely than ever, 2003-05-01
I read this in summer 2002 in its original 1969 hardcover (remaindered by a public library) and I am glad it's still available. Mr. Levy's book covers the period from Magna Carta to the drafting of the U.S. Constitution, and reveals that all the criminal rights, which we take too much for granted, didn't spring full-grown from the Founding Fathers' heads but evolved through 500 years of common law. (The Founding Fathers did capture it in written, not just traditional common law, however). The right against self-incrimination, to not be compelled to testify against yourself, to be informed of the nature and cause of accusations against you, the rule of law over government itself -- all developed long before our Revolution and were well-rooted in England by the 16th Century.Mr. Levy tells a vivid story, peopled with mighty figures like John Lilburne, the Puritan who faced down the Court of Star Chamber, and Sir Edward Coke, a jurist of that time who could declare to an arbitrary king that "Magna Charta is such a fellow that he will have no sovereign." Mr. Levy also gives us a sense of how unique the Anglo-American common law -- the evolution of law built on cases, not just statutes -- is compared to its Roman and Napoleonic counterparts on the European continent. I read this before beginning law school in fall 2002 and this book was considerably helpful in Crim. Law and Crim. Procedure, where the Fourth, Fifth and Sixth Amendments suffuse police and criminal process in the U.S. Ordinary people, not just lawyers, will find this book timely given the current trend to shrug off this longstanding heritage in the name of temporary wartime security. It's good to read of the deep roots of our law, and of its barrier between the individual and arbitrary official power.
Price is accurate as of the date/time indicated. Prices and product availability are subject to change. Any price displayed on the Amazon website at the time of purchase will govern the sale of this product.
|
Store Categories
|