Constitutional Limits On Coercive Interrogation

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Constitutional Limits on Coercive Interrogation

Author : Amos N. Guiora
Publisher : Oxford University Press
ISBN 13 : 0199712778
Total Pages : 187 pages
Book Rating : 4.1/5 (997 download)

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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.

Do Exclusionary Rules Ensure a Fair Trial?

Author : Sabine Gless
Publisher : Springer
ISBN 13 : 3030125203
Total Pages : 387 pages
Book Rating : 4.0/5 (31 download)

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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.

Youth Justice in America

Author : Maryam Ahranjani
Publisher : CQ Press
ISBN 13 : 1483319466
Total Pages : 563 pages
Book Rating : 4.4/5 (833 download)

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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.

Keeping Faith with the Constitution

Author : Goodwin Liu
Publisher : Oxford University Press
ISBN 13 : 0199752834
Total Pages : 274 pages
Book Rating : 4.1/5 (997 download)

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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.

U.S. Conflicts in the 21st Century [3 volumes]

Author : Spencer C. Tucker
Publisher : Bloomsbury Publishing USA
ISBN 13 : 1440838798
Total Pages : 1337 pages
Book Rating : 4.4/5 (48 download)

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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.

Constitution

Author : United States
Publisher :
ISBN 13 :
Total Pages : 66 pages
Book Rating : 4.:/5 (321 download)

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Book Synopsis Constitution by : United States

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:

The Central Intelligence Agency [2 volumes]

Author : Jan Goldman Ph.D.
Publisher : Bloomsbury Publishing USA
ISBN 13 :
Total Pages : 953 pages
Book Rating : 4.2/5 (16 download)

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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.

Terror in the Balance

Author : Eric A. Posner
Publisher : Oxford University Press
ISBN 13 : 019531025X
Total Pages : 328 pages
Book Rating : 4.1/5 (953 download)

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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.

The Ethics of Interrogation

Author : Paul Lauritzen
Publisher : Georgetown University Press
ISBN 13 : 1589019725
Total Pages : 239 pages
Book Rating : 4.5/5 (89 download)

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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.

Law and the Long War

Author : Benjamin Wittes
Publisher : Penguin
ISBN 13 : 1440632847
Total Pages : 324 pages
Book Rating : 4.4/5 (46 download)

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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.

Innocent Until Interrogated

Author : Gary L. Stuart
Publisher : University of Arizona Press
ISBN 13 : 0816504490
Total Pages : 357 pages
Book Rating : 4.8/5 (165 download)

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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.

A Question of Torture

Author : Alfred McCoy
Publisher : Metropolitan Books
ISBN 13 : 1429900687
Total Pages : 324 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis A Question of Torture by : Alfred McCoy

Download or read book A Question of Torture written by Alfred McCoy and published by Metropolitan Books. This book was released on 2007-04-01 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: A startling exposé of the CIA's development and spread of psychological torture, from the Cold War to Abu Ghraib and beyond In this revelatory account of the CIA's secret, fifty-year effort to develop new forms of torture, historian Alfred W. McCoy uncovers the deep, disturbing roots of recent scandals at Abu Ghraib and Guantánamo. Far from aberrations, as the White House has claimed, A Question of Torture shows that these abuses are the product of a long-standing covert program of interrogation. Developed at the cost of billions of dollars, the CIA's method combined "sensory deprivation" and "self-inflicted pain" to create a revolutionary psychological approach—the first innovation in torture in centuries. The simple techniques—involving isolation, hooding, hours of standing, extremes of hot and cold, and manipulation of time—constitute an all-out assault on the victim's senses, destroying the basis of personal identity. McCoy follows the years of research—which, he reveals, compromised universities and the U.S. Army—and the method's dissemination, from Vietnam through Iran to Central America. He traces how after 9/11 torture became Washington's weapon of choice in both the CIA's global prisons and in "torture-friendly" countries to which detainees are dispatched. Finally McCoy argues that information extracted by coercion is worthless, making a case for the legal approach favored by the FBI. Scrupulously documented and grippingly told, A Question of Torture is a devastating indictment of inhumane practices that have spread throughout the intelligence system, damaging American's laws, military, and international standing.

Essays on Religion and Human Rights

Author : David Little
Publisher : Cambridge University Press
ISBN 13 : 110707262X
Total Pages : 421 pages
Book Rating : 4.1/5 (7 download)

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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.

Interrogation, intelligence and security

Author : Samantha Newbery
Publisher : Manchester University Press
ISBN 13 : 0719098343
Total Pages : 168 pages
Book Rating : 4.7/5 (19 download)

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Book Synopsis Interrogation, intelligence and security by : Samantha Newbery

Download or read book Interrogation, intelligence and security written by Samantha Newbery and published by Manchester University Press. This book was released on 2015-06-01 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interrogation, Intelligence and Security examines the origins and effects of a group of interrogation techniques known as the ‘five techniques’. Through its in-depth analysis the book reveals how British forces came to use these controversial methods. Focusing on the British colony of Aden (1963–67), the height of ‘the troubles’ in Northern Ireland (1971), and the conflict in Iraq (2003), the book explores the use of hooding to restrict vision, white noise, stress positions, limited sleep and a limited diet. There are clear parallels between these three case studies and the use of controversial interrogation techniques today. Readers will be able to make informed judgements about whether, on the basis of the results of these cases, interrogation techniques that might be described as torture can be justified. This book will be of particular interest to security professionals, academics and members of the public interested in the torture debate, intelligence, the military, counter-insurgency, counter-terrorism, foreign policy and law enforcement.

Criminal Law

Author : Paul H. Robinson
Publisher : Aspen Publishing
ISBN 13 : 1543823351
Total Pages : 1120 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Criminal Law by : Paul H. Robinson

Download or read book Criminal Law written by Paul H. Robinson and published by Aspen Publishing. This book was released on 2020-09-15 with total page 1120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Law: Case Studies and Controversieseschews traditional reliance on judicial opinions in favor of an innovative and dynamic method of criminal law instruction that is centered on statutory interpretation and case studies. Examination of real-world problems allows first-year law students to not only develop familiarity with the criminal law doctrine necessary for potential careers as prosecutors or defense attorneys, but also hone crucial skills for lawyering in general. Provocative case studies provide background for engaging class discussion and challenge students to tackle applying doctrine in real-world situations. When useful, the book provides actual cases from a variety of jurisdictions to further illuminate the concepts with which students have already been forced to grapple. New to the Fifth Edition: Additional and updated case studies and discussion material informed by the professors’ teaching experiences and designed to reinforce issues at the forefront of modern criminal law Streamlined chapters throughout the whole casebook for a more efficient and concise textbook. Professors and students will benefit from: Use of an innovative case studies method – Each topic area includes a detailed story about the people and events leading up to the offense Inclusion of photographs related to the crimes so students can better contextualize issues “Core opinions” of central historical, theoretical, or doctrinal importance in each subject-area section Provocative and timely principal cases from a wide variety of jurisdictions, each followed by the statutes that existed in the jurisdiction at the time of the offense Treatise-like summaries of law in each topic area give students an overview of the law, introduce the underlying theoretical principles, and provide context

Modern Geopolitics and Security

Author : Amos N. Guiora
Publisher : CRC Press
ISBN 13 : 1466569239
Total Pages : 184 pages
Book Rating : 4.4/5 (665 download)

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Book Synopsis Modern Geopolitics and Security by : Amos N. Guiora

Download or read book Modern Geopolitics and Security written by Amos N. Guiora and published by CRC Press. This book was released on 2013-12-20 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: The transformation from traditional war between nation-states to conflict between nation-states and nonstate actors requires decision makers, policy analysts, military commanders, intelligence officials, and legislators to answer the question: is there a strategy for an unwinnable conflict? This question takes on particular urgency given the extraordinary number of conflict points that define the current state of international relations. Modern Geopolitics and Security: Strategies for Unwinnable Conflicts draws on the author's extensive experience in counterterrorism, negotiation, and the implementation of the Oslo Peace Process with his more recent work in academia. The book uses an interdisciplinary case study model to illustrate valuable lessons learned and best practices in strategic analysis and decision making that are based on international relations, international law, and negotiation/intervention. The book defines sovereignty, intervention, geopolitics, security, and what they mean in a global landscape. It examines historical examples of global crises and security concerns as well as contemporary geopolitical issues, including the Israeli-Palestinian conflict, intervention in Libya, non-intervention in Syria, the Good Friday Agreement, the conflict in the former Yugoslavia, and the Arab Spring. We are entering a new era, where disaffected individuals who are willing and able to act, have more power and potential influence than ever before. Conflicts like those occurring in Egypt, Syria, Afghanistan, Iraq, Israel, and elsewhere are all complex organisms—nuanced as never before. Add in increasing regional asymmetrical conflicts, increasing global economic strain, social media and the accelerating speed of communication, ideological and regional state versus nonstate conflicts—such as in the case of al-Qaeda and other such movements—and traditional "business as usual" geopolitics is being somewhat turned on its head. Modern Geopolitics and Security addresses topics that aren’t currently covered anywhere–establishing a new paradigm to rethink modern geopolitics, given new and emerging challenges to traditional schools of thought. View an article by Amos N. Guiora that recently appeared in the The New York Times..

Not a Suicide Pact

Author : Richard A. Posner
Publisher : Oxford University Press
ISBN 13 : 0195304276
Total Pages : 186 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Not a Suicide Pact by : Richard A. Posner

Download or read book Not a Suicide Pact written by Richard A. Posner and published by Oxford University Press. This book was released on 2006-09 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many of the measures taken by the Bush administration since 9/11 have sparkedheated protests. Judge Richard A. Posner offers a cogent and elegant responseto these protests, arguing that personal liberty must be balanced with publicsafety in the face of grave national danger.