Constitutional Limits on Coercive Interrogation

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Overview

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 ...

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Overview

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.

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Editorial Reviews

From the Publisher
By combining his impressive professional experience in this area with his considerable academic expertise, Guiora has written a timely and thought-provoking book. His use of the lessons learned from the interrogations of African Americans in the Deep South is highly original and very illuminating. The result is a very attractive and helpful expert guide on how to handle the explosive mix of coercive methods and human rights. This is a must-read for policymakers, human rights proponents and all those interested in one of the most difficult dilemmas facing liberal democracies today.—Tom Zwart, Utrecht University School of Law

"One of the defining features of the post-9/11 environment in the United States is the extraordinary clash between our need to interrogate alleged terrorists about future threats and our need to maintain traditional U.S. values respecting the rule of law and the dignity of persons. In Constitutional Limits on Coercive Interrogation, Professor Guiora provides a lively, succinct, and penetrating discussion of how U.S. constitutional law should accommodate these needs, at both the theoretical and practical levels. His arguments for treating such detainees under a "hybrid paradigm," in which they are neither like traditional criminals nor like prisoners of war, will likely spark considerable debate in the halls of government and academia, and may point the way forward in a crucial area of the law."—Sean Murphy, George Washington University School of Law

By combining his impressive professional experience in this area with his considerable academic expertise, Guiora has written a timely and thought-provoking book. His use of the lessons learned from the interrogations of African Americans in the Deep South is highly original and very illuminating. The result is a very attractive and helpful expert guide on how to handle the explosive mix of coercive methods and human rights. This is a must-read for policymakers, human rights proponents and all those interested in one of the most difficult dilemmas facing liberal democracies today.—Tom Zwart, Utrecht University School of Law

"One of the defining features of the post-9/11 environment in the United States is the extraordinary clash between our need to interrogate alleged terrorists about future threats and our need to maintain traditional U.S. values respecting the rule of law and the dignity of persons. In Constitutional Limits on Coercive Interrogation, Professor Guiora provides a lively, succinct, and penetrating discussion of how U.S. constitutional law should accommodate these needs, at both the theoretical and practical levels. His arguments for treating such detainees under a "hybrid paradigm," in which they are neither like traditional criminals nor like prisoners of war, will likely spark considerable debate in the halls of government and academia, and may point the way forward in a crucial area of the law."—Sean Murphy, George Washington University School of Law

"Clearly written and, unlike many other texts on this subject, concise." —D.E. Smith, Northwest Missouri State University

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Product Details

  • ISBN-13: 9780195340310
  • Publisher: Oxford University Press, USA
  • Publication date: 4/18/2008
  • Pages: 186
  • Product dimensions: 9.30 (w) x 6.20 (h) x 0.60 (d)

Table of Contents

Preface
Chapter One - Introduction
Chapter Two - Introducing the Hybrid Paradigm
Chapter Three - Application of the Hybrid Paradigm
Chapter Four - Interrogations in the History of American Criminal Law: Adding Historical Perspective from an examination of African American interrogations in the Deep South
Chapter Five - Interrogation Standards of the 5th and 14th Amendments Applied to Both Citizens and Non-Citizens
Chapter Six - Coercive Interrogation, Threats, and Cumulative Mistreatment
Chapter Seven - Torture
Chapter Eight - Interrogation methods and the 8th Amendment
Chapter Nine - International Law pertaining to Torture and Interrogation
Chapter Ten - Concluding Recommendations
Index

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Sort by: Showing 1 Customer Reviews
  • Posted August 31, 2009

    A very politically correct view at coercion

    Regardless your standpoint, Guiora uses sound grounds to support his prerogative.

    Was this review helpful? Yes  No   Report this review
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