The purpose of this essay is to discuss some aspects of the scope of the privilege against self-incrimination. It will consider first what can not be and then what can be discovered by the common law of England before 1776, when the first republican constitution of Virginia was promulgated. Finally, the developments in Virginia and federal practice will be dealt with.
W. Hamilton Bryson, Discovery of Penalites, 15 U. Rich. L. Rev. 283 (1981).