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Harvey A. Silverglate

Three Felonies A Day: How the Feds Target the Innocent Paperback – June 7, 2011

by Harvey Silverglate (Author), Alan M. Dershowitz (Foreword)

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The average professional in this country wakes up in the morning, goes to work, comes home, eats dinner, and then goes to sleep, unaware that he or she has likely committed several federal crimes that day. Why? The answer lies in the very nature of modern federal criminal laws, which have exploded in number but also become impossibly broad and vague. In Three Felonies a Day, Harvey A. Silverglate reveals how federal criminal laws have become dangerously disconnected from the English common law tradition and how prosecutors can pin arguable federal crimes on any one of us, for even the most seemingly innocuous behavior. The volume of federal crimes in recent decades has increased well beyond the statute books and into the morass of the Code of Federal Regulations, handing federal prosecutors an additional trove of vague and exceedingly complex and technical prohibitions to stick on their hapless targets. The dangers spelled out in Three Felonies a Day do not apply solely to “white collar criminals,” state and local politicians, and professionals. No social class or profession is safe from this troubling form of social control by the executive branch, and nothing less than the integrity of our constitutional democracy hangs in the balance.

Print length

392 pages
Language

English
Publisher

Encounter Books
Publication date

June 7, 2011
Dimensions

6 x 1.25 x 9 inches
ISBN-10

1594035229
ISBN-13

978-1594035227
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Editorial Reviews

About the Author

HARVEY A. SILVERGLATE is counsel to Boston’s Zalkind, Rodriguez, Lunt & Duncan LLP, specializing in criminal defense, civil liberties, and academic freedom/student rights law. He is co-founder and Chairman of FIRE (Foundation for Individual Rights in Education) and is a regular columnist for The Boston Phoenix. Silverglate has been published in The National Law Journal, The Wall Street Journal, The New York Times Book Review, and elsewhere. He is author of The Shadow University with Alan Charles Kors.

Product details

Publisher ‏ : ‎ Encounter Books (June 7, 2011)
Language ‏ : ‎ English
Paperback ‏ : ‎ 392 pages
ISBN-10 ‏ : ‎ 1594035229
ISBN-13 ‏ : ‎ 978-1594035227
Item Weight ‏ : ‎ 1.28 pounds
Dimensions ‏ : ‎ 6 x 1.25 x 9 inches

Best Sellers Rank: #96,855 in Books (See Top 100 in Books)
- #12 in Legal Education Profession
- #52 in Law Enforcement (Books)
- #65 in Law Enforcement Politics

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387 ratings

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Ernest Williams

Reading this book will help you protect yourself

Reviewed in the United States 🇺🇸 on October 25, 2019

Verified Purchase

As one born in America, I thought I had a foundational understanding of the American criminal justice system, but I was wrong. Reading Silverglate's "Three Felonies A Day" improved my understanding of the role and powers of important actors in a courtroom: defense attorney; judge; and prosecutor. In my view, prosecutors have too much power and can easily abuse their power. I recommend that the U.S. Congress do the following: (1) do away with mandatory minimum sentences for crimes; (2) give state and federal judges more discretion over sentencing; (3) oversee the revising of federal criminal statutes that are too vague and generalized; (4) mandate that prosecutors prove criminal intent; (5) legally mandate that state and federal prosecutor offices have to pay the legal fees of criminal defendants, if they are found not guilty; (6) limit and have greater oversight of plea bargaining; (7) prosecute prosecutors for illegal acts and misusing state and federal statutes to criminalize conduct that is not deemed criminal; (8) audit how judges; state and federal prosecutors handle and decide cases; properly fund public defender offices; (9) stop allowing poor defendants to be railroaded through state and federal courts; and (10) stop allowing the the president and the Department of Justice (DOJ) to hide behind "national security," when they lack evidence and will likely lose in a legal battle. There are many changes that need to be made to America's criminal justice system, which is designed to make money and be a weapon against individuals and groups deemed a threat to the status quo. The DOJ has no problem destroying innocent wealthy individuals and corporations; therefore, a poor person does not stand a chance! If you are a member of America's poor; working-class or so-called middle-class, you need to read and buy this book! Learn about the traps that local police; DOJ; FBI; and prosecutors use to prey on the citizenry.

42 people found this helpful

Helpful

Smartypants

Read this book!

Reviewed in the United States 🇺🇸 on July 9, 2015

Verified Purchase

This is a very important book, written by a top defense
attorney. This would tend to bias his feelings toward
his defendants and against the position of prosecutors,
but I have to say that his arguments in the cases he
cites, many of which he was involved in, are compelling.

He says the "silly putty" era of Law interpretation and
in many cases supported by the courts began in the
80's. Silly putty means that in many cases one could
not reasonably expect the defendant(s) to know that
they were violating the Law by how the Law was
worded (often ambiguously), but prosecutors
gave it a very wide interpretation after the fact.

This is a scary proposition when combined with the
enormous leverage prosecutors can wield with
general-purpose laws like Mail Fraud (you might
remember Tom Cruise, in "The Firm" saying
about Mail Fraud statues "but they've got
teeth"). Lying to federal officials, even when
not under oath is another.

The game works by threatening the witnesses/
suspects/coworkers with very lengthy prison
sentences if they don't cooperate. This can
cause people to turn on each other, even
lying to save their own hineys. The object
is to get the targets to agree to a plea deal
where they might have their reputations/
companies/personal lives ruined, with big
fines and sometimes hard time.

His analysis of the destruction of
Arthur Anderson (accountants for
Enron) and prosecutions of Enron
executives was quite compelling and
contrary to what I and most of the public
thought. Similarly about 80s financial
wizard Michael Milken. Read and draw
your own conclusions.

At the end he makes the good point that
this type of 'justice" destroys valuable
institutions of society -- coworkers,
employee/employer, marriages even.

I gave only 4 stars because it was a
bit of a tough read, even though well
written just because of the technical
nature of the material. Also, though
the book was published in 2011 so
probably unfairly on my part, it cited
none of the considerable abuse of
power by the Justice Department
in the last 6 years.

5 people found this helpful

Helpful