Free PDF Constitutional Limits on Coercive Interrogation (Terrorism Second Series)
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Constitutional Limits on Coercive Interrogation (Terrorism Second Series)
Free PDF Constitutional Limits on Coercive Interrogation (Terrorism Second Series)
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Review
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 LawBy 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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About the Author
Amos N. Guiora is a Professor of Law at the S. J. Quinney College of Law, University of Utah.
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Product details
Series: Terrorism Second Series
Hardcover: 186 pages
Publisher: Oxford University Press; 1 edition (April 18, 2008)
Language: English
ISBN-10: 0195340310
ISBN-13: 978-0195340310
Product Dimensions:
9.3 x 0.6 x 6.2 inches
Shipping Weight: 14.4 ounces (View shipping rates and policies)
Average Customer Review:
1.0 out of 5 stars
1 customer review
Amazon Best Sellers Rank:
#6,067,952 in Books (See Top 100 in Books)
Don't waste you time, energy and money on this book.Here is what it is about:Chapter 2 is entitled "Introducing the Hybrid Paradigm and the Historical Analogy." The author does not describe what his hybrid paradigm is. He just says that it will guarantee certain procedural rights (p. 9) and then lists 10 assumptions on which the hybrid paradigm relies. Right after that he jumps to "practical advantages" and again, without serious discussion of what is "practical" about his paradigm, he just says that it will guarantee 5th and 14th Amendment rights. The rest of Chapter 2 is about Bush's response to 9/11 attacks. He ends Chapter 2 with "Possible solution" that ends with "the hybrid paradigm [...] offers a viable solution for lawful coercive interrogation." Thus, this chapter talks a lot from there and here but not about "introducing the hybrid paradigm." Well, you want to believe that it was just an introduction and thus the author was speaking in very general terms and the substance will follow. OK, let's have a look at Chapter 3.Chapter 3 is entitled "Application of the Hybrid Paradigm." How can we speak of "application" if we don't know yet what it is? Instead of clarifying what the hybrid paradigm is and how it can be applied to suspected terrorists, the author relates his "hybrid paradigm" to the legal regime employed by Israel. The rest of the Chapter 3 is about Israeli legal regime employed in Occupied Territories and it again ends with open-ended questions like "what contribution does the hybrid paradigm make to the interrogation of a detainee suspected of involvement in terrorist activity" or "Will individuals detained in Guantanamo Bay be granted Miranda rights prior to their interrogations?" Well, one would ask "Wasn't the Chapter about `application of the hybrid paradigm'?" If yes, then why not to address the issue in the same chapter?! I understand that comparative approach is important and thus looking at how Israeli legal regime works with regard to suspected terrorists may shed some light to the authors "hybrid paradigm." But what the reader looks for in the book is the answer to questions of what the author's hybrid paradigm is and how it will be applied.Chapter 4 jumps to "Interrogations in the History of American Criminal Law." Without any serious scholarly discussion, the author just describes what Bram v. United States, Brown v. Mississippi, White v. Texas, Ward v. Texas, and Ashcraft v. Texas are in about 8 pages.Chapter 6 is "Coercive Interrogation, Threats and Cumulative Mistreatment." He starts with denouncing torture and stating that coercive interrogation is not "torture lite." Then the author tells us what he thinks lawful coercive interrogation methods are and lists 5 of them: sleep deprivation, modulation of room temperature, stress position, placing a sack over the head and playing loud, cacophonous music. Guiora further states that these methods shall be used in a "highly controlled environment [...] that although causing detainees discomfort, does not cause them severe mental and physical pain." But he fails to articulate what "highly controlled environment" is and how does it ensure that a "lawful" coercive interrogation will not turn into pure medieval torture. He further fails to demonstrate why he is sure that those 5 methods do not cause severe mental and physical pain.Chapter 9 is "International Law Pertaining to Torture and Interrogation." This Chapter is just off topic. It is largely about modern international law's self-defense theory. He talks about Caroline case, Nicaragua v. United States, Israel's illegal attack on Osarik station in Iraq, Art. 51 of the UN Charter. Then, finally, he asks the question "what does all this tell us in the context of torture, coercive interrogation and international law?" Yet again, he does not engage into any discussion how self-defense relates to torture and interrogation.To sum up, the book is very general. A 162-page book does not contain any scholarly discussion on coercive interrogation: its legality, justification, circumstances, etc. Do not recommend to read even for the purposes of getting general idea about torture, CID, coercive interrogations, preventive vs. deterrent state paradigms, etc.
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