Trilemma - Trilemma in Law

Trilemma in Law

The "cruel trilemma" was an English ecclesiastical and judicial weapon developed in the first half of the 17th century, and used as a form of coercion and persecution. The format was a religious oath imposed upon the accused prior to questioning, to tell the truth, where the accused would find themselves trapped between:

1. A breach of religious oath if they lied (taken extremely seriously in that era, a mortal sin, and perjury);
2. Self-incrimination if they told the truth; or
3. Contempt of court if they said nothing and were silent.

Outcry over this process led to the foundation of the right to not incriminate oneself being established in common-law and was the direct precursor of the right to silence and non-self-incrimination in the Fifth Amendment to the United States Constitution.