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Constitutional Limits On Coercive Interrogation
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Book Synopsis Constitutional Limits on Coercive Interrogation by : Amos N. Guiora
Download or read book Constitutional Limits on Coercive Interrogation written by Amos N. Guiora and published by Oxford University Press. This book was released on 2008-04-18 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Do Exclusionary Rules Ensure a Fair Trial? by : Sabine Gless
Download or read book Do Exclusionary Rules Ensure a Fair Trial? written by Sabine Gless and published by Springer. This book was released on 2019-04-17 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Is There a Right to Remain Silent? by : Alan M. Dershowitz
Download or read book Is There a Right to Remain Silent? written by Alan M. Dershowitz and published by Oxford University Press. This book was released on 2008-05-06 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Renowned legal scholar and bestselling author Dershowitz reveals precisely why Fifth Amendment rights matter, and discusses how they are being reshaped, limited, and in some cases revoked in the wake of 9/11.
Book Synopsis Youth Justice in America by : Maryam Ahranjani
Download or read book Youth Justice in America written by Maryam Ahranjani and published by CQ Press. This book was released on 2014-07-01 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: Youth Justice in America, Second Edition engages students in an exciting, informed discussion of the U.S. juvenile justice system and fills a pressing need to make legal issues personally meaningful to young people. Written in a straightforward style by Maryam Ahranjani, Andrew Ferguson and Jamie Raskin – all of whom actively work in the area of juvenile justice -- the book addresses tough, important issues that directly affect today's youth, including the rights of accused juveniles, search and seizure, self-incrimination and confession, right to appeal, and the death penalty for juveniles. Focusing on cases that relate to the Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution, the subject matter comes alive through a wide variety of in-book learning aids.
Book Synopsis Miranda's Waning Protections by : Welsh S. White
Download or read book Miranda's Waning Protections written by Welsh S. White and published by University of Michigan Press. This book was released on 2003-08-27 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Patriots Debate by : Harvey Rishikof
Download or read book Patriots Debate written by Harvey Rishikof and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The newest book in the Patriots Debate series, this book covers three general areas: The War on Terrorism; Data, Technology, and Privacy; and Legal Frameworks for Projecting Force. This book discusses some of today's hot issues in national security, including: - Presidential war powers - National security letters - Targeted killing - Law and cyber war - The future of military detention
Book Synopsis Terror in the Balance by : Eric A. Posner
Download or read book Terror in the Balance written by Eric A. Posner and published by Oxford University Press. This book was released on 2007-01-04 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. 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.
Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Download or read book Constitution written by United States and published by . This book was released on 1893 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis U.S. Conflicts in the 21st Century [3 volumes] by : Spencer C. Tucker
Download or read book U.S. Conflicts in the 21st Century [3 volumes] written by Spencer C. Tucker and published by Bloomsbury Publishing USA. This book was released on 2015-12-14 with total page 1337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Cambridge Handbook of Policing in the United States by : Tamara Rice Lave
Download or read book The Cambridge Handbook of Policing in the United States written by Tamara Rice Lave and published by Cambridge University Press. This book was released on 2019-07-04 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive collection on police and policing, written by experts in political theory, sociology, criminology, economics, law, public health, and critical theory.
Book Synopsis The Central Intelligence Agency [2 volumes] by : Jan Goldman Ph.D.
Download or read book The Central Intelligence Agency [2 volumes] written by Jan Goldman Ph.D. and published by Bloomsbury Publishing USA. This book was released on 2015-12-14 with total page 953 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Ethics of Interrogation by : Paul Lauritzen
Download or read book The Ethics of Interrogation written by Paul Lauritzen and published by Georgetown University Press. This book was released on 2013-05-01 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can harsh interrogation techniques and torture ever be morally justified for a nation at war or under the threat of imminent attack? In the aftermath of the September 11, 2001, terrorist strikes, the United States and other liberal democracies were forced to grapple once again with the issue of balancing national security concerns against the protection of individual civil and political rights. This question was particularly poignant when US forces took prisoners in Afghanistan and Iraq who arguably had information about additional attacks. In this volume, ethicist Paul Lauritzen takes on ethical debates about counterterrorism techniques that are increasingly central to US foreign policy and discusses the ramifications for the future of interrogation. Lauritzen examines how doctors, lawyers, psychologists, military officers, and other professionals addressed the issue of the appropriate limits in interrogating detainees. In the case of each of these professions, a vigorous debate ensued about whether the interrogation policy developed by the Bush administration violated codes of ethics governing professional practice. These codes are critical, according to Lauritzen, because they provide resources for democracies and professionals seeking to balance concerns about safety with civil liberties, while also shaping the character of those within these professional guilds. This volume argues that some of the techniques used at Guantánamo Bay and elsewhere were morally impermissible; nevertheless, the healthy debates that raged among professionals provide hope that we may safeguard human rights and the rule of law more effectively in the future.
Book Synopsis Law and the Long War by : Benjamin Wittes
Download or read book Law and the Long War written by Benjamin Wittes and published by Penguin. This book was released on 2008-06-19 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: An authoritative assessment of the new laws of war and a sensible and sophisticated roadmap for the future of liberty in the Age of Terror America is losing a crucial front in the ongoing war on terror. It is losing not to Al Qaeda, but to its own failure to construct a set of laws that will protect the American people during this global conflict. As debate continues to rage over the legality and ethics of war, Benjamin Wittes enters the fray with a sober-minded exploration of law in wartime that is definitive, accessible, and nonpartisan. Outlining how this country came to its current impasse over human rights and counterterrorism, Law and the Long War paves the way toward fairer, more accountable rules for a conflict without end.
Book Synopsis Innocent Until Interrogated by : Gary L. Stuart
Download or read book Innocent Until Interrogated written by Gary L. Stuart and published by University of Arizona Press. This book was released on 2012-08-12 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: On a sweltering August morning, a woman walked into a Buddhist temple near Phoenix and discovered the most horrific crime in Arizona history. Nine Buddhist temple members—six of them monks committed to lives of non-violence—lay dead in a pool of blood, shot execution style. The massive manhunt that followed turned up no leads until a tip from a psychiatric patient led to the arrest of five suspects. Each initially denied their involvement in the crime, yet one by one, under intense interrogation, they confessed. Soon after, all five men recanted, saying their confessions had been coerced. One was freed after providing an alibi, but the remaining suspects—dubbed “The Tucson Four” by the media—remained in custody even though no physical evidence linked them to the crime. Seven weeks later, investigators discovered—almost by chance—physical evidence that implicated two entirely new suspects. The Tucson Four were finally freed on November 22 after two teenage boys confessed to the crime, yet troubling questions remained. Why were confessions forced out of innocent suspects? Why and how did legal authorities build a case without evidence? And, ultimately, how did so much go so wrong? In this first book-length treatment of the Buddhist Temple Massacre, Gary L. Stuart explores the unspeakable crime, the inexplicable confessions, and the troubling behavior of police officials. Stuart’s impeccable research for the book included a review of the complete legal records of the case, an examination of all the physical evidence, a survey of three years of print and broadcast news, and more than fifty personal interviews related to the case. Like In Cold Blood, and The Executioner’s Song, Innocent Until Interrogated is a riveting read that provides not only a striking account of the crime and the investigation but also a disturbing look at the American justice system at its very worst.
Book Synopsis Police Interrogation and Confessions by : Yale Kamisar
Download or read book Police Interrogation and Confessions written by Yale Kamisar and published by . This book was released on 1980 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Essays on Religion and Human Rights by : David Little
Download or read book Essays on Religion and Human Rights written by David Little and published by Cambridge University Press. This book was released on 2015-03-26 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays addresses human rights in relation to the historical settings in which its language was drafted and adopted.