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Books > Law > Laws of other jurisdictions & general law > Criminal law
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Constitutional Limits on Coercive Interrogation (Hardcover)
Loot Price: R2,173
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Constitutional Limits on Coercive Interrogation (Hardcover)
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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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