Hannah Frey

And so it would kind of like be orchestrated such that, all right, none of us believe they did it if they're willing to go through with it.

So we won't make it too hard and then we'll demonstrate to the public that they're innocent.

OK.

So another problem with early justice was coerced confessions.

This was a much more common practice of like, well, if we torture the person enough, they'll eventually tell us that they did it or they'll tell us the truth.

As it turns out, no, coerced confessions tend to be very unreliable.

I think that one hasn't really gone away.

Well, I know the problem is like people still call confessed confessions like a war crime.

They'll call it out.

But whether or not it gets justice ever served is a different question.

These rights to not be compelled to confess.

incriminate yourself grew out of that historical context.

A lot of the original people who came up with the importance of not being forced or compelled to witness against yourself were also people motivated by freedom of expression.

where they just didn't believe what they were supposed to believe according to the church or the political powers that be.

And they thought, I shouldn't be compelled to admit my beliefs because I believe them strongly and I don't think that thoughts should be criminalized.

Yes.

The Fifth Amendment has been interpreted as purely being the contents of your mind.

So in that case of the state of Oregon versus Pittman, it was found that biometrics are an exemption from the Fifth Amendment.

They really can force you to use your fingerprint to unlock your phone.

Exactly.