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 committted several federal crimes that day ... Why?" This book explores the answer to the question, reveals how the federal criminal justice system has become dangerously disconnected from common law traditions of due process and the law's expectations and surprises the reader with its insight.
Students should know their rights and liberties, and they need to be better informed and better equipped about how to assert and defend these precious things. The protectors of students' rights and liberties--those faculty, administrators, parents, alumni, friends, citizens, advisors, and attorneys who care about such vital matters--should understand the threats to freedom and legal equality on campuses, the moral and legal means of combating those threats, and the acquired experience of recent years. To that end, the Foundation for Individual Rights in Education (FIRE) offers this "Guide to Due Process and Fair Procedure on Campus," part of a series of such guides designed to restore individual rights and the values of a free society to the nation's colleges and universities. These guides also should remind those who write, revise, and enforce campus policies of the legal and moral constraints that restrict their authority. The sooner that colleges and universities understand their legal and moral obligations to a free and decent society, the less need there will be for guides such as these. Appended are: (1) The First, Fifth, and Fourteenth Amendments; and (2) Cases.
Universities once believed themselves to be sacred enclaves, where students and professors could debate the issues of the day and arrive at a better understanding of the human condition. Today, sadly, this ideal of the university is being quietly betrayed from within. Universities still set themselves apart from American society, but now they do so by enforcing their own politically correct worldview through censorship, double standards, and a judicial system without due process. Faculty and students who threaten the prevailing norms may be forced to undergo "thought reform." In a surreptitious aboutface, universities have become the enemy of a free society, and the time has come to hold these institutions to account. The Shadow University is a stinging indictment of the covert system of justice on college campuses, exposing the widespread reliance on kangaroo courts and arbitrary punishment to coerce students and faculty into conformity. Alan Charles Kors and Harvey A. Silverglate, staunch civil libertarians and active defenders of free inquiry on campus, lay bare the totalitarian mindset that undergirds speech codes, conduct codes, and "campus life" bureaucracies, through which a cadre of deans and counselors indoctrinate students and faculty in an ideology that favors group rights over individual rights, sacrificing free speech and academic freedom to spare the sensitivities of currently favored groups. From Maine to California, at public and private universities alike, liberty and fairness are the first casualties as teachers and students find themselves in the dock, presumed guilty until proven innocent and often forbidden to cross-examine their accusers. Kors and Silverglate introduce us to many of those who have firsthand experience of the shadow university, including: The student at the center of the 1993 "Water Buffalo" case at the University of Pennsylvania, who was brought up on charges of racial harassment after calling a group of rowdy students "water buffalo" -- even though the term has no racial connotations. The Catholic residence adviser who was fired for refusing, on grounds of religious conscience, to wear a symbol of gay and lesbian causes. The professor who was investigated for sexual harassment when he disagreed with campus feminists about curriculum issues. The student who was punished for laughing at a statement deemed offensive to others and who was ordered to undergo "sensitivity training" as a result. The Shadow University unmasks a chilling reality for parents who entrust their sons and daughters to the authority of such institutions, for thinking people who recognize that vigorous debate is the only sure path to truth, and for all Americans who realize that when even one citizen is deprived of liberty, we are all diminished.
Before one can have the freedom to express ideas in open debate, however, one must have freedom of conscience: the right to arrive at one's private beliefs, without being coerced into an artificial unity by those who wield power over him/her. After all, the freedom to speak is a dead letter if one lacks the freedom to think, to believe, or to disbelieve. At the heart of American liberty lies a recognition of individual rights, individual responsibility, and individual dignity. Over one's inner mind, conscience, and self, no one has coercive power. The form of censorship with which this "Guide" is concerned is the affirmative form of censorship that goes beyond prohibiting "bad" speech and ideas. It instead seeks to impose on a student, and coerce the student to adopt, and to believe in, the "approved" point of view advanced by the authorities. The fundamental rights of conscience and belief, the thought-reform programs that threaten those rights at today's universities, and the means by which a decent and free people can challenge such programs are the topics of this "Guide." (Contains 1 footnote.).
In 2009, Harvey A. Silverglate, a prominent criminal defense and civil liberties lawyer, published his landmark critique of the federal criminal justice system, Three Felonies a Day: How the Feds Target the Innocent. In 2014, Sidney Powell, a former federal prosecutor in three districts under nine United States Attorneys from both political parties and who has been lead counsel in 500 federal appeals, published her landmark indictment of the system, Licensed To Lie: Exposing Corruption in the Department of Justice, after she witnessed appalling abuses by prosecutors—more than a decade after she entered private practice. Now these two leading authorities have combined their knowledge, experiences, and talents to produce a much-needed and long-awaited blueprint for reforming the way business is conducted within the Department of Justice and in the federal criminal courts. Both Powell and Silverglate decided to join forces to write this essential and long-awaited book in order to answer the questions and the challenges that each of them has faced over the past several years: “OK,” they’ve been told. “We understand your criticisms. Now how about telling us what has to be done to restore justice to federal criminal justice.” This collaboration is their response.
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.
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