The real power the state has is the misconceptions of the law held by the citizenry.....and the 'state' ain't about to correct those misconceptions any time soon. Very powerful stuff, the rights infringement that the citizens do unto themselves. Makes it easy on the state.....and legal too.
+1
On a related note, I recently decided to re-read
The Origins of the Fifth Amendment: The Right Against Self-Incimination[SUP]1[/SUP] by Leonard Levy. The final straws that led to the abolishment of two English courts and the oath to answer incriminating questions before trial were the trials of John Lilburne[SUP]2[/SUP] in the 1600's. I was struck by the success of the people in getting rid of the oath and the two courts. I wondered why rights were increasing in (1650?), yet today they seem to receding weekly. The author paints a useful picture: large sections of the population were very vocal in supporting John Lilburne and hated the oath as a wholly unjust and unnatural imposition against conscience. In short, the people raised such an objection that Parliament, already somewhat sympathetic, passed the legislation abolishing the courts that used the oath--Star Chamber court (made up of the king's closest councilors sitting as judges), and the High Commission (made up of church officials sitting as judges).
Basically, the people bloody well just demanded it, and Parliament gave it to them.
1. The book won a Pulitzer prize in history in the late 1960's. And, is still in print. The author walks you through the history of the right against self-incrimination in England starting in about 1254 AD with Henry II. You really get a solid understanding of what it cost to obtain the right. This book is a definite must for anyone who wants to really understand this right. I think I bought mine from Barnes and Noble. Levy wrote another book,
Origins of the Bill of Rights. Also, very good for understanding the history of rights.
2. John Lilburne was an
amazing guy. He spent a good bit of his adult life in prison for agitating for rights. If you do nothing else, at least read up about him on wiki. In one of his last trials, the government seriously meant to kill him (execute). The government thought it had an easy case. In a way, they did. What they did not have was an easy defendant. He was not a lawyer (and he was not allowed counsel), but had taught himself enough about law. He harassed the judges about procedure, he badgered them about attempted rights violations, he argued, he blasted. He didn't ask the court. He just did it.
Early in the proceedings he demanded the doors to court and building be opened for what was supposed to be a public trial. The court, eager to give the apparency of fairness, complied. Of course, this just made more access for his numerous supporters who then packed the gallery. The court was rather irregular. The government appointed something like fourteen judges. Lilburne accused them of trying to over-awe him with so many judges. The gallery packed by common people supporting Lilburne, it was the court's turn to be awed.
At another point the court demanded his silence bcause of his steady objections and argument; he fired back that they were not allowing him to defend himself.
He backed the court into a corner, and won his own aquittal. All. By. Himself.
And, those are just a few pieces from the one trial. Amazing guy. Well worth reading more about. Even if its only a wiki article.