Tuesday, October 21, 2008

Do You Really Have the Right to Remain Silent?

A new book by Alan M. Dershowitz, "Is There a Right to Remain Silent?", raises an extremely interesting question about how far Fifth Amendment protections go in post-9/11 America.

The Supreme Court ruled in Chavez v. Martinez that the Fifth Amendment does not prohibit law enforcement officials from torturing an individual to prevent a future crime, such as terrorism.

In Chavez v. Martinez, a police coercion case from 2003, the Supreme Court justices ruled that an individual's right to remain silent is not violated if the information is not used against that person in a criminal case. The fact that they have been coerced into talking, in itself, does not constitute a violation of the Fifth Amendment right to remain silent.

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