Tracey Maclin

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Article
The Right to Silence v. The Fifth Amendment
Tracey Maclin
Professor of Law and Joseph Lipsitt Faculty Research Scholar at Boston University School of Law. Thanks to Al Alschuler and Yale Kamisar for their comments after reading a draft of this article.

“‘You have the right to remain silent.’ It’s probably the best known phrase to emanate from our Constitution.”

 ­­—Alan M. Dershowitz, Is There a Right to Remain Silent?: Coercive Interrogation and the fifth amendment after 9/11 xvii (2008).