The fifth amendment to the Constitution of the United States, and
similar provisions in the various State Constitutions, preclude,
so long as they stand, any radical reform in this direction.
They speak for a policy that was necessary under the political
conditions preceding the American Revolution, but which is out of
harmony with those now existing in the United States. The
interests of society are greater than those of any individual,
and yet it is with us the State that is deprived in public
prosecutions of an equal chance with the accused. While burdened
with the necessity of proving his guilt beyond a reasonable
doubt, it cannot, according to the prevailing judicial opinion in
this country, so much as ask him at any stage of the prosecution
where he was at the time when the crime charged was committed.

The terms of our Constitutions are not such as necessarily to
demand the construction which has been generally given them by
the courts. They have been commonly interpreted with a view to
making them as helpful as possible to the accused.[Footnote: Boyd
_v._ United States, 116 U. S. Reports, 616.] Provisions
against compelling him to testify have been treated as if they
forbade requesting him to testify. They would seem, on
principle, quite compatible with a procedure under which the
committing magistrates should in every case ask the defendant
when first brought before them whether he desires to make a
statement, telling him at the same time that he can decline if he
chooses. Should he then make one, it should be written down at
length in his own words, read over to him for his assent or
correction, and properly attested. Many a guilty man is now
acquitted whose conviction could have been secured on what such a
paper would have disclosed or have given a clue to ascertaining.