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Inalienable Rights #05: Is There a Right to Remain Silent?: Coercive Interrogation and the Fifth Amendment After 9/11

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Inalienable Rights #05: Is There a Right to Remain Silent?: Coercive Interrogation and the Fifth Amendment After 9/11 Cover

 

Synopses & Reviews

Publisher Comments:

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.

Synopsis:

Renowned legal scholar and bestselling author Dershowitz reveals precisely why Fifth Amendment rights matter, and discusses how they are being reshaped, limited, and in some cases revoked in the wake of 9/11.

About the Author

Alan M. Dershowitz is currently the Felix Frankfurter Professor of Law at the Harvard Law School. He appears frequently in the mainstream media as a commentator and analyst on a variety of issues, including national security, torture, civil liberties, and the Middle East peace process. He is the author of Rights From Wrongs: A Secular Theory of the Origins of Rights, America on Trial: Inside the Legal Battles That Transformed Our Nation, Shouting Fire, and Preemption.

Product Details

ISBN:
9780195307795
Author:
Dershowitz, Alan
Publisher:
Oxford University Press, USA
Author:
Dershowitz, Alan M.
Author:
null, Alan M.
Subject:
Constitutional
Subject:
Civil Rights
Subject:
Self-incrimination
Subject:
Political Freedom & Security - Terrorism
Subject:
Criminal Law - General
Subject:
United states
Subject:
Civil rights -- United States.
Subject:
Law | Constitutional Law
Copyright:
Series:
Inalienable Rights
Series Volume:
05
Publication Date:
20080531
Binding:
HARDCOVER
Grade Level:
General/trade
Language:
English
Illustrations:
16 halftones
Pages:
232
Dimensions:
5.8 x 8.3 x 1 in 0.913 lb

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Related Subjects

Business » Business Law
History and Social Science » Law » Civil Liberties and Human Rights
History and Social Science » Law » Constitutional Law
History and Social Science » Law » General
History and Social Science » Politics » General
History and Social Science » Politics » United States » Politics

Inalienable Rights #05: Is There a Right to Remain Silent?: Coercive Interrogation and the Fifth Amendment After 9/11 Used Hardcover
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Product details 232 pages Oxford University Press, USA - English 9780195307795 Reviews:
"Synopsis" by , Renowned legal scholar and bestselling author Dershowitz reveals precisely why Fifth Amendment rights matter, and discusses how they are being reshaped, limited, and in some cases revoked in the wake of 9/11.
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