By Alan M. Dershowitz
The suitable to stay silent, assured through the famed 5th modification case, Miranda v. Arizona, could be essentially the most simply famous and oft-quoted constitutional rights in American tradition. but regardless of its ubiquity, there's frequent false impression in regards to the correct and the protections promised below the 5th modification. In Is There a correct to stay Silent? popular felony student and bestselling writer Alan Dershowitz unearths accurately why our 5th modification rights subject and the way they're being reshaped, constrained, and at times revoked within the wake of 11th of September. As safety issues have heightened, legislation enforcement has more and more became its awareness from punishing to fighting crime. Dershowitz argues that fresh best court docket judgements have opened the door to coercive interrogations--even after they quantity to torture--if they're undertaken to avoid against the law, particularly a terrorist assault, and as long as the culmination of such interrogations are usually not brought into facts on the legal trial of the coerced individual. In impression, the courtroom has given a eco-friendly mild to all preventive interrogation equipment. by means of deftly tracing the evolution of the 5th modification from its inception within the invoice of Rights to the current day, the place nationwide defense is the nation's first precedence, Dershowitz places ahead a daring reinterpretation of the 5th modification for the post-9/11 global. because the international we are living in adjustments from a "deterrent nation" to the heightened vigilance of cutting-edge "preventative state," our building, he argues, also needs to swap. We needs to improve a jurisprudence that might include either great and procedural ideas for all activities taken by means of executive officers for you to hinder damaging conduct-including terrorism. well timed, provocative, and incisively written, Is There a correct to stay Silent? offers an soaking up examine considered one of our so much crucial constitutional rights at some of the most serious moments in contemporary American heritage.
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Additional resources for Is There a Right to Remain Silent?: Coercive Interrogation and the Fifth Amendment After 9/11 (Inalienable Rights)
O. : I don’t want to die, I don’t want to die. CHAVEZ: Well if you are going to die tell me what happened, and right now you think you are going to die? O. : No. CHAVEZ: No, do you think you are going to die? O. : Aren’t you going to treat me or what? CHAVEZ: Look, think you are going to die, [sic] that’s all I want to know, if you think you are going to die? Right now, do you think you are going to die? O. : My belly hurts, please treat me. CHAVEZ: Sir? O. : If you treat me I tell you everything, if not, no.
CHAVEZ: OK, yes you are dying, but tell me why you are ﬁghting, were you ﬁghting with the police? O. : Doctor, please I want air, I am dying. CHAVEZ: OK, OK. I want to know if you pointed the gun [to yourself] at the police. O. : Yes. CHAVEZ: Yes, and you pointed it [to yourself]? [sic] at the police pointed the gun? [sic] Huh? O. : I am dying, please . . CHAVEZ: OK, listen, listen I want to know what happened, OK? O. : I want them to treat me. CHAVEZ: OK, they are do it [sic], look when you took out the gun from the tape [sic] of the police .
Ay! I am dying. Ay! What are you doing to me? No . . (Unintelligible scream). CHAVEZ: What happened, sir? O. : My foot hurts . . CHAVEZ: Oliverio. Sir, what happened? O. : I am choking. CHAVEZ: Tell me what happened. O. : I don’t know. ’’ O. : My leg hurts. CHAVEZ: I don’t know what happened [sic]? O. : It hurts . . CHAVEZ: Hey, hey look. O. : I am choking. CHAVEZ: Can you hear? Look, listen, I am Benjamin Chavez with the police here in Oxnard, look. O. : I am dying, please. CHAVEZ: OK, yes, tell me what happened.
Is There a Right to Remain Silent?: Coercive Interrogation and the Fifth Amendment After 9/11 (Inalienable Rights) by Alan M. Dershowitz