Courts are actually using rights like 'the right to remain silent' to force people into cooperating with the police.
March 24, 2026
Original Paper
Criminal Procedure as the Law of Cooperation
SSRN · 6386818
The Takeaway
We think of the Bill of Rights as a shield against state power, but this analysis shows the Supreme Court has re-tooled these doctrines into a 'law of cooperation.' Instead of protecting the right to resist, the current legal framework is designed to systematically encourage and eventually compel civilians to acquiesce to official requests.
From the abstract
<p><span>The Constitution includes an array of criminal procedure rights, including a right to remain silent, freedom from arbitrary searches and seizures, and the right to a jury trial along with the assistance of an attorney to ensure that the trial is fair. Commentators and Supreme Court Justices celebrate these rights as “fundamental safeguards of liberty.” Yet for the targets of law enforcement, their impact can be difficult to detect. Police stop and search thousands of civilians each year