Constitutional Limits On Coercive Interrogation
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Constitutional Limits On Coercive Interrogation
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Author : Amos N. Guiora
language : en
Publisher: Oxford University Press
Release Date : 2008-04-18
Constitutional Limits On Coercive Interrogation written by Amos N. Guiora and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-04-18 with Political Science categories.
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.
Constitutional Torts And The War On Terror
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Author : James E. Pfander
language : en
Publisher: Oxford University Press
Release Date : 2017
Constitutional Torts And The War On Terror written by James E. Pfander and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
Government accountability in the nineteenth century -- Bivens and government accountability in the twentieth century -- Human rights and War on Terror litigation -- Evaluating the effectiveness of Bivens litigation -- Evaluating justifications for judicial silence -- Congressional ratification of the bivens action -- Applying Bivens to conduct outside of the United States -- Overcoming qualified immunity -- Common-law solutions to judge-made problems
Do Exclusionary Rules Ensure A Fair Trial
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Author : Sabine Gless
language : en
Publisher: Springer
Release Date : 2019-04-17
Do Exclusionary Rules Ensure A Fair Trial written by Sabine Gless and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-17 with Law categories.
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.
The Central Intelligence Agency 2 Volumes
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Author : Jan Goldman Ph.D.
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2015-12-14
The Central Intelligence Agency 2 Volumes written by Jan Goldman Ph.D. and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-14 with Political Science categories.
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.
Miranda S Waning Protections
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Author : Welsh S. White
language : en
Publisher: University of Michigan Press
Release Date : 2003-08-27
Miranda S Waning Protections written by Welsh S. White and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-08-27 with Law categories.
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
The Ethics Of Interrogation
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Author : Paul Lauritzen
language : en
Publisher: Georgetown University Press
Release Date : 2013-05-01
The Ethics Of Interrogation written by Paul Lauritzen and has been published by Georgetown University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-01 with Law categories.
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.
U S Conflicts In The 21st Century 3 Volumes
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Author : Spencer C. Tucker
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2015-12-14
U S Conflicts In The 21st Century 3 Volumes written by Spencer C. Tucker and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-14 with History categories.
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.
Innocent Until Interrogated
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Author : Gary L. Stuart
language : en
Publisher: University of Arizona Press
Release Date : 2012-08-12
Innocent Until Interrogated written by Gary L. Stuart and has been published by University of Arizona Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-12 with True Crime categories.
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.
Liberty And Coercion
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Author : Gary Gerstle
language : en
Publisher: Princeton University Press
Release Date : 2017-10-24
Liberty And Coercion written by Gary Gerstle and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-24 with History categories.
How the conflict between federal and state power has shaped American history American governance is burdened by a paradox. On the one hand, Americans don't want "big government" meddling in their lives; on the other hand, they have repeatedly enlisted governmental help to impose their views regarding marriage, abortion, religion, and schooling on their neighbors. These contradictory stances on the role of public power have paralyzed policymaking and generated rancorous disputes about government’s legitimate scope. How did we reach this political impasse? Historian Gary Gerstle, looking at two hundred years of U.S. history, argues that the roots of the current crisis lie in two contrasting theories of power that the Framers inscribed in the Constitution. One theory shaped the federal government, setting limits on its power in order to protect personal liberty. Another theory molded the states, authorizing them to go to extraordinary lengths, even to the point of violating individual rights, to advance the "good and welfare of the commonwealth." The Framers believed these theories could coexist comfortably, but conflict between the two has largely defined American history. Gerstle shows how national political leaders improvised brilliantly to stretch the power of the federal government beyond where it was meant to go—but at the cost of giving private interests and state governments too much sway over public policy. The states could be innovative, too. More impressive was their staying power. Only in the 1960s did the federal government, impelled by the Cold War and civil rights movement, definitively assert its primacy. But as the power of the central state expanded, its constitutional authority did not keep pace. Conservatives rebelled, making the battle over government’s proper dominion the defining issue of our time. From the Revolution to the Tea Party, and the Bill of Rights to the national security state, Liberty and Coercion is a revelatory account of the making and unmaking of government in America.
Essays On Religion And Human Rights
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Author : David Little
language : en
Publisher: Cambridge University Press
Release Date : 2015-03-26
Essays On Religion And Human Rights written by David Little and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-26 with Law categories.
"This collection of essays by David Little addresses human rights in relation to the historical settings in which its language was drafted and adopted. Featuring five original essays, Little articulates his view that fascist practices before and during World War II vivified the wrongfulness of deliberately inflicting severe pain, injury, and destruction for self-serving purposes and that the human rights corpus, developed in response, was designed to outlaw all practices of arbitrary force. He contends that while there must be an accountable human rights standard, it should guarantee latitude for the expression and practice of beliefs, consistent with outlawing arbitrary force. Little details the theoretical grounds of the relationship between religion and human rights, and concludes with essays on US policy and the restraint of force in regard to terrorism. With a foreword by John Kelsey, this book is a capstone of the work of this influential writer on religion, philosophy, and law"--