Part I of this Article traces the shared history of the right against self-incrimination from twelfth-century England to the mid-twentieth century. Part II examines the modern history of the privilege in the United States, from the Supreme Court's 1965 decision in Griffin to its 1999 decision in Mitchell. Part III examines the United Kingdom's modern approach to the privilege, including its re-shaping of the privilege in response to domestic terrorism. Part IV examines why the U.S. and U.K. systems, with a common history and shared values, have moved in such dramatically different directions with respect to the privilege. Part V assesses the possibility that the privilege, already vulnerable, will be curtailed by the new Court along the lines of the United Kingdom's procedures.
Lissa Griffin, Is Silence Sacred? The Vulnerability of Griffin v. California in A Terrorist World, 15 Wm. & Mary Bill Rts. J. 927 (2007), available at http://digitalcommons.pace.edu/lawfaculty/469/.