Is there a right to remain silent?: coercive interrogation and the Fifth Amendment after 9/11

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Oxford University Press,
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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.
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Grouped Work ID a01fefab-ac24-2d5c-1615-f69c0625c28a
full_title is there a right to remain silent coercive interrogation and the fifth amendment after 9 11
author dershowitz alan m
grouping_category book
lastUpdate 2017-08-14 05:04:31AM

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author Dershowitz, Alan M.
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oclc (OCoLC)176861326
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physical xx, 212 p. ; 22 cm.
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publishDate 2008
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record_details ils:.b13057625|Book|Books||English|Oxford University Press,|2008.|xx, 212 p. ; 22 cm.
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series Inalienable rights
series2 Inalienable rights series.
series_with_volume Inalienable rights
subject_facet Civil rights -- United States, Police questioning -- United States, Right to counsel -- United States, Self-incrimination -- United States
table_of_contents What is the right against self-incrimination? -- The Supreme Court's recent decision -- The limits of textual analysis in constitutional interpretation -- The limits of precedent: which way does the "immunity" analogy cut? -- The limits of historical inquiry -- The privilege over time -- The relevance of constitutional policies underlying the right -- A matter of interpretation -- Conclusion: The case for a vibrant privilege in the preventive state.
target_audience Adult
target_audience_full Adult
title Is there a right to remain silent? : coercive interrogation and the Fifth Amendment after 9/11
title_display Is there a right to remain silent? : coercive interrogation and the Fifth Amendment after 9/11
title_full Is there a right to remain silent? : coercive interrogation and the Fifth Amendment after 9/11 / Alan M. Dershowitz
title_short Is there a right to remain silent? :
title_sort is there a right to remain silent? coercive interrogation and the fifth amendment after 911
title_sub coercive interrogation and the Fifth Amendment after 9/11