Self‐incrimination: Recent Developments

The privilege against self‐incrimination was invented by judges in 1645 to curb the excesses of their colleagues in the Court of Star Chamber. Since then, it has become embedded in the common Law with no specific legislative imprimatur. It has also been held to be an implied right under the European Convention on Human Rights (ECHR) which is yet another development of the privilege that has not been democratically sanctioned. By comparison, the privilege against self‐discrimination is an express right under the Fifth Amendment in the American Constitution.