Constitutional Limits on Coercive Interrogation PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Constitutional Limits on Coercive Interrogation PDF full book. Access full book title Constitutional Limits on Coercive Interrogation by Amos N. Guiora. Download full books in PDF and EPUB format.
Author: Amos N. Guiora
Publisher: Oxford University Press
ISBN: 0190450843
Category : Law
Languages : en
Pages : 186
Get Book Here
Book Description
On September 11, 2001 terrorism instantly became the defining issue of our age. The resulting debates surrounding the inherent tension between national security interests and individual civil rights has focused national and international attention on how post-9/11 detainees at Guantanamo Bay, Abu Ghraib, and around the world have been interrogated. All concerned agree that, while interrogation practices represent a crucial meeting ground between human rights and counter-terrorism measures, the limits placed on interrogators are perhaps the most difficult to define for they determine how "far" a civil society is willing to go in fighting the exigencies that terror presents. In The Constitutional Limits of Coercive Investigation, Amos Guiora offers a theoretical analysis and a practical application of coercive interrogation, and in doing so, suggests developing and implementing a hybrid paradigm based on American criminal law, the Geneva Convention, and the Israeli model of trial as the most relevant judicial regime. Guiora offers a unique contribution to the public debate by creatively utilizing a historical analysis of the system of "justice" for African-Americans in the Deep South of the past century to serve as a guide for the constitutional rights and protections which need to be granted or extended to an unprotected class. He then indicates which interrogation methods are within the boundaries of the law by both recommending protection of the detainees and providing interrogators with the tools required to protect America's vital interests.
Author: Amos N. Guiora
Publisher: Oxford University Press
ISBN: 0190450843
Category : Law
Languages : en
Pages : 186
Get Book Here
Book Description
On September 11, 2001 terrorism instantly became the defining issue of our age. The resulting debates surrounding the inherent tension between national security interests and individual civil rights has focused national and international attention on how post-9/11 detainees at Guantanamo Bay, Abu Ghraib, and around the world have been interrogated. All concerned agree that, while interrogation practices represent a crucial meeting ground between human rights and counter-terrorism measures, the limits placed on interrogators are perhaps the most difficult to define for they determine how "far" a civil society is willing to go in fighting the exigencies that terror presents. In The Constitutional Limits of Coercive Investigation, Amos Guiora offers a theoretical analysis and a practical application of coercive interrogation, and in doing so, suggests developing and implementing a hybrid paradigm based on American criminal law, the Geneva Convention, and the Israeli model of trial as the most relevant judicial regime. Guiora offers a unique contribution to the public debate by creatively utilizing a historical analysis of the system of "justice" for African-Americans in the Deep South of the past century to serve as a guide for the constitutional rights and protections which need to be granted or extended to an unprotected class. He then indicates which interrogation methods are within the boundaries of the law by both recommending protection of the detainees and providing interrogators with the tools required to protect America's vital interests.
Author: Amos N. Guiora
Publisher: Oxford University Press
ISBN: 0199712778
Category : Law
Languages : en
Pages : 187
Get Book Here
Book Description
On September 11, 2001 terrorism instantly became the defining issue of our age. The resulting debates surrounding the inherent tension between national security interests and individual civil rights has focused national and international attention on how post-9/11 detainees at Guantanamo Bay, Abu Ghraib, and around the world have been interrogated. All concerned agree that, while interrogation practices represent a crucial meeting ground between human rights and counter-terrorism measures, the limits placed on interrogators are perhaps the most difficult to define for they determine how "far" a civil society is willing to go in fighting the exigencies that terror presents. In The Constitutional Limits of Coercive Investigation, Amos Guiora offers a theoretical analysis and a practical application of coercive interrogation, and in doing so, suggests developing and implementing a hybrid paradigm based on American criminal law, the Geneva Convention, and the Israeli model of trial as the most relevant judicial regime. Guiora offers a unique contribution to the public debate by creatively utilizing a historical analysis of the system of "justice" for African-Americans in the Deep South of the past century to serve as a guide for the constitutional rights and protections which need to be granted or extended to an unprotected class. He then indicates which interrogation methods are within the boundaries of the law by both recommending protection of the detainees and providing interrogators with the tools required to protect America's vital interests.
Author: Alan M. Dershowitz
Publisher: Oxford University Press
ISBN: 0190294620
Category : Law
Languages : en
Pages : 232
Get Book Here
Book Description
The right to remain silent, guaranteed by the famed Fifth Amendment case, Miranda v. Arizona, is perhaps one of the most easily recognized and oft-quoted constitutional rights in American culture. Yet despite its ubiquity, there is widespread misunderstanding about the right and the protections promised under the Fifth Amendment. In Is There a Right to Remain Silent? renowned legal scholar and bestselling author Alan Dershowitz reveals precisely why our Fifth Amendment rights matter and how they are being reshaped, limited, and in some cases revoked in the wake of 9/11. As security concerns have heightened, law enforcement has increasingly turned its attention from punishing to preventing crime. Dershowitz argues that recent Supreme Court decisions have opened the door to coercive interrogations--even when they amount to torture--if they are undertaken to prevent a crime, especially a terrorist attack, and so long as the fruits of such interrogations are not introduced into evidence at the criminal trial of the coerced person. In effect, the court has given a green light to all preventive interrogation methods. By deftly tracing the evolution of the Fifth Amendment from its inception in the Bill of Rights to the present day, where national security is the nation's first priority, Dershowitz puts forward a bold reinterpretation of the Fifth Amendment for the post-9/11 world. As the world we live in changes from a "deterrent state" to the heightened vigilance of today's "preventative state," our construction, he argues, must also change. We must develop a jurisprudence that will contain both substantive and procedural rules for all actions taken by government officials in order to prevent harmful conduct-including terrorism. Timely, provocative, and incisively written, Is There a Right to Remain Silent? presents an absorbing look at one of our most essential constitutional rights at one of the most critical moments in recent American history.
Author: Sabine Gless
Publisher: Springer
ISBN: 3030125203
Category : Law
Languages : en
Pages : 387
Get Book Here
Book Description
This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.
Author: Eric A. Posner
Publisher: Oxford University Press
ISBN: 0190294981
Category : Law
Languages : en
Pages : 328
Get Book Here
Book Description
In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. The judiciary should neither second-guess security policy nor interfere on constitutional grounds. In order to protect citizens, government can and should use any legal instrument that is warranted under ordinary cost-benefit analysis. The value gained from the increase in security will exceed the losses from the decrease in liberty. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.
Author: Senate Select Committee On Intelligence
Publisher: Melville House
ISBN: 1612198473
Category : Political Science
Languages : en
Pages : 672
Get Book Here
Book Description
The study edition of book the Los Angeles Times called, "The most extensive review of U.S. intelligence-gathering tactics in generations." This is the complete Executive Summary of the Senate Intelligence Committee's investigation into the CIA's interrogation and detention programs -- a.k.a., The Torture Report. Based on over six million pages of secret CIA documents, the report details a covert program of secret prisons, prisoner deaths, interrogation practices, and cooperation with other foreign and domestic agencies, as well as the CIA's efforts to hide the details of the program from the White House, the Department of Justice, the Congress, and the American people. Over five years in the making, it is presented here exactly as redacted and released by the United States government on December 9, 2014, with an introduction by Daniel J. Jones, who led the Senate investigation. This special edition includes: • Large, easy-to-read format. • Almost 3,000 notes formatted as footnotes, exactly as they appeared in the original report. This allows readers to see obscured or clarifying details as they read the main text. • An introduction by Senate staffer Daniel J. Jones who led the investigation and wrote the report for the Senate Intelligence Committee, and a forward by the head of that committee, Senator Dianne Feinstein.
Author: Welsh S. White
Publisher: University of Michigan Press
ISBN: 0472089412
Category : Law
Languages : en
Pages : 241
Get Book Here
Book Description
DIVNow available in paper, Welsh S. White's insightful examination of the effect of the Supreme Court's recent upholding of one of its most famous rulings /div
![U.S. Conflicts in the 21st Century [3 volumes] PDF](https://books.google.com/books/content/images/frontcover/ARjOEAAAQBAJ?fife=w80-h100)
Author: Spencer C. Tucker
Publisher: Bloomsbury Publishing USA
ISBN: 1440838798
Category : History
Languages : en
Pages : 1337
Get Book Here
Book Description
This three-volume reference work provides an up-to-date presentation and analysis of the U.S. wars of the 21st century, addressing their backgrounds, causes, courses, and consequences. It serves as an indispensable resource for students seeking to understand the role of the United States in the world today. Addressing the U.S. conflicts in Iraq, Afghanistan, and the Global War on Terror from the year 2001 to the present, this comprehensive, three-volume encyclopedia covers the significant individuals, key events, and important places involved in these recent military events. Beginning with the rise of Al Qaeda in the 1990s and the attacks on September 11, 2001, and covering events through ISIS's dramatic surge in Iraq and Syria, the hundreds of detailed entries also examine historical trends; nations and ethnicities involved in the conflicts; influential figures and organizations; economic, political, diplomatic, and cultural influences; wars, campaigns, and battles; and important weapons systems. The set's A–Z organization makes it an easy-to-use ready reference for high school and college students. Perspective essays on several controversial topics—such as the use of torture and the effects of the Patriot Act—serve to inspire readers to apply critical thinking. A detailed chronology is provided to help students place all the important events that have occurred in the Afghanistan War, Iraq War, and War on Terror. Each of the chronologically arranged primary documents is introduced with a brief overview to provide important background information and context.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Get Book Here
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
![The Central Intelligence Agency [2 volumes] PDF](https://books.google.com/books/content/images/frontcover/4ajOEAAAQBAJ?fife=w80-h100)
Author: Jan Goldman Ph.D.
Publisher: Bloomsbury Publishing USA
ISBN:
Category : Political Science
Languages : en
Pages : 953
Get Book Here
Book Description
The Central Intelligence Agency is essential in the fight to keep America safe from foreign attacks. This two-volume work traces through facts and documents the history of the CIA, from the people involved to the operations conducted for national security. This two-volume reference work offers both students and general-interest readers a definitive resource that examines the impact the CIA has had on world events throughout the Cold War and beyond. From its intervention in Guatemala in 1954, through the Bay of Pigs, the Vietnam War, the Iran-Contra Affair, and its key role in Afghanistan following the terrorist attacks of September 11th, 2001, this objective, apolitical work covers all of this controversial intelligence agency's most notable successes and failures. The content focuses on describing how a U.S. government organization that is unlike any other conducts covert warfare, surreptitiously collects information, and conducts espionage. The work allows for easy reference of former CIA operations and spies, looking at the positive and negative aspects of each operation and the "why" and "how" of its execution. The second volume provides documentation that supports and amplifies more than 200 cross-referenced entries. Readers will be able to understand the reasons behind the CIA's various actions, perceive how the agency's role has evolved across its 75-year history, and intelligently consider the viability and future of the CIA.
