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[F]or the very reason that those in authority have no right to require a disclosure, those without authority feel justified in seeking to worm it out by threats, by fraud, by holding out false hopes, by putting forward false pretenses ... Unwilling to allow a magistrate to institute, as a matter of course, a formal examination, and place the result on record, we leave the same information to be fished for by the sheriff who makes the arrest, by the jailer, by the fellowprisoner turned informer or by the detective in disguise, and only require the witness who proves it to add perhaps perjury to fraud in swearing that no undue means were used to elicit the confession.-Simeon E. Baldwin (1883)2

A Dissent from the Miranda Dissents: Some Comments on the "New" Fifth Amendment and the Old "Voluntariness" Test