Is There a Right to Remain Silent?

Coercive Interrogation and the Fifth Amendment After 9/11

Nonfiction, Reference & Language, Law, Constitutional, Social & Cultural Studies, Political Science
Cover of the book Is There a Right to Remain Silent? by Alan M. Dershowitz, Oxford University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Alan M. Dershowitz ISBN: 9780190294625
Publisher: Oxford University Press Publication: May 6, 2008
Imprint: Oxford University Press Language: English
Author: Alan M. Dershowitz
ISBN: 9780190294625
Publisher: Oxford University Press
Publication: May 6, 2008
Imprint: Oxford University Press
Language: English

The right to remain silent, guaranteed by the famed Fifth Amendment case, Miranda v. Arizona, is perhaps one of the most easily recognized and oft-quoted constitutional rights in American culture. Yet despite its ubiquity, there is widespread misunderstanding about the right and the protections promised under the Fifth Amendment. In Is There a Right to Remain Silent? renowned legal scholar and bestselling author Alan Dershowitz reveals precisely why our Fifth Amendment rights matter and how they are being reshaped, limited, and in some cases revoked in the wake of 9/11. As security concerns have heightened, law enforcement has increasingly turned its attention from punishing to preventing crime. Dershowitz argues that recent Supreme Court decisions have opened the door to coercive interrogations--even when they amount to torture--if they are undertaken to prevent a crime, especially a terrorist attack, and so long as the fruits of such interrogations are not introduced into evidence at the criminal trial of the coerced person. In effect, the court has given a green light to all preventive interrogation methods. By deftly tracing the evolution of the Fifth Amendment from its inception in the Bill of Rights to the present day, where national security is the nation's first priority, Dershowitz puts forward a bold reinterpretation of the Fifth Amendment for the post-9/11 world. As the world we live in changes from a "deterrent state" to the heightened vigilance of today's "preventative state," our construction, he argues, must also change. We must develop a jurisprudence that will contain both substantive and procedural rules for all actions taken by government officials in order to prevent harmful conduct-including terrorism. Timely, provocative, and incisively written, Is There a Right to Remain Silent? presents an absorbing look at one of our most essential constitutional rights at one of the most critical moments in recent American history.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

The right to remain silent, guaranteed by the famed Fifth Amendment case, Miranda v. Arizona, is perhaps one of the most easily recognized and oft-quoted constitutional rights in American culture. Yet despite its ubiquity, there is widespread misunderstanding about the right and the protections promised under the Fifth Amendment. In Is There a Right to Remain Silent? renowned legal scholar and bestselling author Alan Dershowitz reveals precisely why our Fifth Amendment rights matter and how they are being reshaped, limited, and in some cases revoked in the wake of 9/11. As security concerns have heightened, law enforcement has increasingly turned its attention from punishing to preventing crime. Dershowitz argues that recent Supreme Court decisions have opened the door to coercive interrogations--even when they amount to torture--if they are undertaken to prevent a crime, especially a terrorist attack, and so long as the fruits of such interrogations are not introduced into evidence at the criminal trial of the coerced person. In effect, the court has given a green light to all preventive interrogation methods. By deftly tracing the evolution of the Fifth Amendment from its inception in the Bill of Rights to the present day, where national security is the nation's first priority, Dershowitz puts forward a bold reinterpretation of the Fifth Amendment for the post-9/11 world. As the world we live in changes from a "deterrent state" to the heightened vigilance of today's "preventative state," our construction, he argues, must also change. We must develop a jurisprudence that will contain both substantive and procedural rules for all actions taken by government officials in order to prevent harmful conduct-including terrorism. Timely, provocative, and incisively written, Is There a Right to Remain Silent? presents an absorbing look at one of our most essential constitutional rights at one of the most critical moments in recent American history.

More books from Oxford University Press

Cover of the book Good God by Alan M. Dershowitz
Cover of the book LGBTQ Divorce and Relationship Dissolution by Alan M. Dershowitz
Cover of the book Moving Beyond Assessment by Alan M. Dershowitz
Cover of the book The Oxford Handbook of Judaism and Economics by Alan M. Dershowitz
Cover of the book Public vs. Private by Alan M. Dershowitz
Cover of the book Organic Synthesis by Alan M. Dershowitz
Cover of the book Writing Alone and with Others by Alan M. Dershowitz
Cover of the book The Language Hoax by Alan M. Dershowitz
Cover of the book The Mind Possessed by Alan M. Dershowitz
Cover of the book The Encyclopedia of Country Music by Alan M. Dershowitz
Cover of the book Can Microfinance Work? by Alan M. Dershowitz
Cover of the book Church Planting in Post-Christian Soil by Alan M. Dershowitz
Cover of the book Translational Research in Genetics and Genomics by Alan M. Dershowitz
Cover of the book The Race for Paradise by Alan M. Dershowitz
Cover of the book Experimental Philosophy by Alan M. Dershowitz
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy