690
Opinion of the Court
one who contests the basic same-sovereign principle, a burden that only clear, contrary, preframing common law might carry; since the dissent starts with a broader reading of the Clause and a less potent view of Murdock, it does not require Murphy and the common-law cases to satisfy such a burden before definitively finding that a more expansive principle underlies the Clause.
IV
There remains, at least on the face of the Murphy majority's opinion, a further invitation to revise the principle of the Clause from what Murdock recognized. The Murphy majority opens its discussion with a catalog of "Policies of the Privilege," 378 U. S., at 55 (citations and internal quotation marks omitted):
"It reflects many of our fundamental values and most noble aspirations: our unwillingness to subject those suspected of crime to the cruel trilemma of self-accusation, perjury or contempt; our preference for an accusatorial rather than an inquisitorial system of criminal justice; our fear that self-incriminating statements will be elicited by inhumane treatment and abuses; our sense of fair play which dictates a fair state-individual balance by requiring the government to leave the individual alone until good cause is shown for disturbing him and by requiring the government in its contest with the individual to shoulder the entire load; our respect for the inviolability of the human personality and of the right of each individual to a private enclave where he may lead a private life, our distrust of self-deprecatory statements; and our realization that the privilege, while sometimes a shelter to the guilty, is often a protection to the innocent."
Some of the policies listed would seem to point no further than domestic arrangements and so raise no basis for any privilege looking beyond fear of domestic prosecution. Oth-
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