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Right To Remain Silent

Decent Essays
Purpose
Alan Dershowitz wrote this book to address the controversial question, “Do we actually have the right to remain silent?” He goes in depth to discuss the fifth amendment and how current times have reshaped how we translate it.

Methodology
Mr. Dershowitz uses a few different types of information to convey his opinion. One of the main sources comes from court cases. Additional information comes from the United States Constitution, Other written books, and essays. The author uses the information to show how the effect of remaining silent in the court cases has led to negative consequences and are mainly secondary, as he doesn’t discuss a time where he may have a similar experience.

Analysis and Review Before I began reading I had the inclined to say yes, we do have the right to remain silent; mainly in police custody but always. We always hear it in the Law and Order tv shows. However, as I read Mr. Dershowitz led me to believe that we don’t. He took me for a spin when he began talking about how we currently live in a “Preventive State”-where the government is focused on preventing crimes before they happen rather than punishing citizens after the crime is committed; To focus of preventing the
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Martinez, where the supreme court believed that police officer didn’t violate the right to remain silent when using force when interrogating. Just taking a step back, I ask the question, how is it not violating the right when you force someone to speak by intimidation or to avoid being injured? The supreme court rules that the fifth amendment is only violated when the information is being used against the individual in a crime. We can’t really over rule what the supreme court says but, wouldn’t it make sense to inform others of this ruling. It could potentially prevent death or injury because that person would know that the truly didn’t have the right to remain silent when being
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