Email Address
Password
Forgot Password?
.........................................................................................................................Book DescriptionOn September 11, 2001, terrorism instantly became the defining issue of our time. The resulting debate surrounding the inherent tension between national security 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 interrogation practices represent a crucial meeting ground between human rights and counterterrorism 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 eliciting information necessary for its self-defense.The Constitutional Limits or 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 Conventions, 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 that should be granted or extended to an unprotected class. He then indicates which methods are within the boundaries of the law while providing interrogators the tools required to protect America’s vital interests..........................................................................................................................Contents1. Introduction 2. Introducing the Hybrid Paradigm and the Historical Analogy 3. Application of the Hybrid Paradigm 4. Interrogations in the History of American Criminal Law: Adding Historical Perspective from an Examination of African American Interrogations in the Deep South 5. Interrogation Standards of the Fifth and Fourteenth Amendments Applied to Both Citizens and Noncitizens 6. Coercive Interrogation, Threats, and Cumulative Mistreatment 7. Torture 8. Interrogation Methods and the Eighth Amendment 9. International Law Pertaining to Torture and Interrogation 10. Concluding Recommendations Index .........................................................................................................................Author DetailsAmos H. Guiora is a Professor of Law at the S. J. Quinney College of Law, University of Utah, where he teaches criminal law, global perspectives on counterterrorism, religion and terrorism, and national security law. He served for nineteen years in the Israel Defense Forces. His senior command postings included Legal Advisor to the Gaza Strip Military Commander, Judge Advocate for the Navy and Home Front Command, and Commander of the IDF School of Military Law.Professor Guiora is the author of Top Ten GlobalJustice Law Review Articles 2007 (2008), Fundamentals of Counterterrorism (2008), and Global Perspectives on Counter-Terrorism (2007). His work has also appeared in Countering Terrorism in the 21st Century (2007). He is frequently interviewed by the national and international media about counterterrorism and global security..........................................................................................................................