te from excluding from the
jury certain occupational groups such as lawyers, preachers, doctors,
dentists, and enginemen and firemen of railroad trains. Such exclusions
may be justified on the ground that the continued attention to duty by
members of such occupations is beneficial to the community.[875]

Self-Incrimination--Forced Confessions

In 1908, in Twining _v._ New Jersey,[876] the Court ruled that neither
the historical meaning nor the current definition of the due process
clause of the Fourteenth Amendment included protection against
self-incrimination, which was viewed as unworthy of being rated "an
immutable principle of justice" or as a "fundamental right." The Fifth
Amendment embodying this privilege was held to operate to restrain only
the Federal Government; whereas the due process clause of the Fourteenth
Amendment was deemed to permit a State even to go so far as to
substitute the criminal procedure of the Civil Law, in which the
privilege against self-incrimination is unknown, for that of the Common
Law. Accordingly, New Jersey was within her rights in permitting a trial
judge, in a criminal proceeding, to instruct a jury that they might draw
an unfavorable inference from the failure of a defendant to comment on
the prosecutor's evidence.

Apart from a recent ineffectual effort of a minority of the Justices to
challenge the interpretation thus placed upon the due process clause of
the Fourteenth Amendment, the Court has yet to register any departure
from its ruling in Twining _v._ New Jersey.[877] In two subsequent
opinions the Court reasserted _obiter_ that "the privilege against
self-incrimination may be withdrawn and the accused put upon the stand
as a witness for the State." No "principle of justice so rooted in the
traditions and conscience of our people as to be ranked as
fundamental"[878] is violated by abolition of such privilege; nor is its
complete destruction likely to outrage students of our penal system,
many of whom "look upon * * * [this] immunity as a mischief rather than
a benefit, * * *"[879]

In subsequently disposing of similarly challenged State criminal
proceedings, the Court has applied almost exclusively the Fair Trial
doctrine. With only casual consideration of the intention of the framers
of the Fourteenth Amendment, or of the rejected proposition that the due
process clause thereof had imposed upon the States all the restraints
which the Bill of Rights had imposed upon