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on September 23, 2015
Wow, this book totally changed my mind, and I understand the Martinez case so much more. I am not a Harvard Law professor, but the logic and argumentation are so weak in this opus, which doesn't really get at the core issue all that well, that it left me siding with the straw man arguments being created. This really seemed like it was meant to be another book, and he had this lying around. The treatment of the topic was also superficial in every way--there is no real historical context given, nor is there anything from common/case law that is presented to support Dershowitz's political/philosophical view.
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on December 12, 2012
This is an extremely well written book, which makes a brave attempt to, basically, say that there are situations when "the right to remain silent" as used in Miranda warnings does not apply.

This book I think reflects opinions expressed by some lawyers during the post 9/11 crisis when "terrorists" were deemed to not have basic rights under International Law, Military Law and the US Constitutional doctrines that define the special nature of our country: regarding human beings.

Now that some time has passed I think lawyers today still follow the basic tenets of our government, including the "right to remain silent" which is part of what makes our government great. Unlike the Middle Ages in Europe and certain barbaric countries today, we do not believe in torture.

It was a unique and challenging read, like debating the very resourceful and brilliant Professor Dershowitz. One can disagree with him, but still marvel at his abilities, legal scholarship and willingness to take on such a difficult subject, like a Devil's Advocate would do in the past.
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Since 9/11, we have experienced a shift in the view of American society with respect to the need for law enforcement to act pre-emptively with respect to potential terrorist attacks. The horrifying scene when the twin towers fell has caused many to feel that harsher measures may be warranted in extracting information that can be used to prevent such tragedies in the future.

Alan Dershowitz describes how the Fifth Amendment ("you have the right to remain silent", as memorialized in the familiar Miranda warnings) was originally included into the Bill of Rights, and how this Constitutional Right has evolved since that time. He explains how recent Supreme Court decisions have provided openings to allow more coercive interrogations that could even be considered as torture, if the fruits of such interrogations are not used as evidence in a criminal trial against the person who was so interrogated.

This is thought provoking material, and it is written in a way that is accessible and understandable to non-lawyers (like myself, for example), with some effort. It is not light reading but it is compelling reading.

My exposure to this book came as the result of one of those "recommended for you" features that Amazon so effectively provides, and I'm glad that I purchased it. In fact, I've purchased several extra copies to give to others who I hope will also take the time to read this and think about the issues that are presented.
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on June 28, 2015
Everyone and I mean everyone should be aware of the nuances of their 5th amendment right. Dershowitz makes some Very valid points on this very subject. When you are read your rights by the police you have crossed over the bridge that may lead to possible criminal charges and loss of liberty. Once you have been mirandize, stop talking and invoke your right to attorney immediately and lawyer up. If you think that freely talking to the police, you are doing yourself a hugh disservice. Alan Dershowitz, one of the best attorneys in America, is giving you expensive legal advice for the price of his book. Know everything about saying nothing...
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on February 26, 2015
great read
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on September 24, 2014
love it
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