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Bonus Minipod: Alan Rozenshtein on the 5th Amendment

Alan tells us about the philosophical underpinnings of the right against  self-incrimination, and gives his own opinions on its usefulness.

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Comments

I was the one who asked this question. Really appreciate the thoughtful discussion, and in particular the confirmation that I’m not crazy for not seeing a real value in the fifth amendment ability to not give truthful testimony about your own criminal activities under oath. I kept thinking that there must be some intuitive reason for having that ability, but I couldn’t quite put my finger on it. Which is why I asked about the philosophical underpinnings in case there was some big concept I was missing. It was really interesting to hear about the background of it and speculation about Why it’s still in place now and what potential benefits might be. But I really, really liked feeling like I wasn’t crazy or dumb for missing something fundamental here. Thanks again!

Catherine Lesyna

Thanks so much Claudia and Alan!

Antti Ruokonen


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