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Leadership Principle and Criminal Responsibility: (July 18, 1945)

Otto Kircheimer

John Herz (ed.)

in Secret Reports on Nazi Germany: The Frankfurt School Contribution to the War Effort

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691134130
eISBN:
9781400846467
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691134130.003.0028
Subject:
History, Military History

This chapter discusses the leadership principle and criminal responsibility underlying the Nazi hierarchical organization. The report explains that according to Nazi theory, Nazi Germany's political ... More


Patterns of Abrahamic Incrimination

Marc Gopin

in Holy War, Holy Peace: How Religion Can Bring Peace to the Middle East

Published in print:
2002
Published Online:
November 2003
ISBN:
9780195146509
eISBN:
9780199834235
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195146506.003.0004
Subject:
Religion, Religion and Society

Begins with a discussion of the processes of “othering” (the need to distinguish and exclude) and incrimination that are adopted both by religions and as a basic human psychological trait. “Othering” ... More


Interrogation Standards of the Fifth and Fourteenth Amendments Applied to Both Citizens and Noncitizens

Amos N. Guiora

in Constitutional Limits on Coercive Interrogation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195340310
eISBN:
9780199867226
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340310.003.0005
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

Why should constitutional protections be extended to any noncitizen in the first place? Some argue that any alien (legal or illegal) residing in the United States is entitled to full constitutional ... More


Narcoanalysis 1

A.G. Noorani and South Asia Human Rights Documentation Centre

in Challenges to Civil Rights Guarantees in India

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198074144
eISBN:
9780199080823
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198074144.003.0005
Subject:
Law, Human Rights and Immigration

After almost a decade of upholding the use of narcoanalysis by criminal investigation agencies, the Indian judiciary has finally recognised and condemned its abusive nature. In Smt. Selvi & Ors v. ... More


From Altercation to Adversary Trial

John H. Langbein

in The Origins of Adversary Criminal Trial

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199287239
eISBN:
9780191718137
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287239.003.0005
Subject:
Law, Criminal Law and Criminology, Legal History

The judges attempted to admit defense counsel at trial for the limited purpose of assisting the defendant to probe accusing evidence, expecting that the defendant would otherwise continue to speak in ... More


The Privilege Against Self-incrimination

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0013
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

The privilege against self-incrimination is certainly one of the most complex guarantees in the entire body of fundamental rights applicable in the context of criminal proceedings. However, such ... More


Silence is Golden—or is it? *

Tom Bingham

in The Business of Judging: Selected Essays and Speeches

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299127
eISBN:
9780191685620
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299127.003.0020
Subject:
Law, Legal Profession and Ethics, Philosophy of Law

When a person is suspected of committing a crime he is likely to be questioned by the police, when he may choose either to answer the police ... More


Information Work

Martin Innes

in Investigating Murder: Detective Work and the Police Response to Criminal Homicide

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199259427
eISBN:
9780191698613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199259427.003.0005
Subject:
Law, Criminal Law and Criminology

Crime investigation is fundamentally a form of information work. It is concerned with the identification, interpretation, and ordering of information with the objective of ascertaining whether a ... More


Criminal Procedure

Michael S. Pardo and Dennis Patterson

in Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199812134
eISBN:
9780199368594
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199812134.003.0006
Subject:
Law, Philosophy of Law, Medical Law

This chapter examines the three primary constitutional provisions that limit the gathering and use of neuroscientific evidence by the government: the Fourth Amendment, the Fifth Amendment privilege ... More


Police Interrogation and Coercion in Domestic American History: Lessons for the War on Terror

Richard A. Leo and K. Alexa Koenig

in Confronting Torture: Essays on the Ethics, Legality, History, and Psychology of Torture Today

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226529387
eISBN:
9780226529554
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226529554.003.0008
Subject:
Law, Human Rights and Immigration

Many US police departments used physical and psychological coercion in their interrogation methods from the late nineteenth century to the present, though there has been a marked transition from the ... More


The Suspected Adulteress

Calum Carmichael

in Sex and Religion in the Bible

Published in print:
2010
Published Online:
October 2013
ISBN:
9780300153774
eISBN:
9780300153781
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300153774.003.0007
Subject:
Religion, Religion and Society

This chapter discusses the importance of biblical law on the suspected adulteress. It explains the reasons why the law relating to sexual adulteress has received so much attention. First, the topic ... More


Law’s Struggle with Violence: Ambivalence in the “Routine” Jurisprudence of Interrogations in the United States

Jinee Lokaneeta

in Transnational Torture: Law, Violence, and State Power in the United States and India

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814752791
eISBN:
9780814765111
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814752791.003.0002
Subject:
Law, Public International Law

This chapter examines the U.S. legal discourse on torture by tracing the history of constitutional mechanisms that serve as protections from torture: the due process clause (Fourteenth and Fifth ... More


1 Law’s Struggle with Violence: Ambivalence in the “Routine” Jurisprudence of Interrogations in the United States

Jinee Lokaneeta

in Transnational Torture: Law, Violence, and State Power in the United States and India

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814752791
eISBN:
9780814765111
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814752791.003.0002
Subject:
Law, Public International Law

This chapter examines the U.S. legal discourse on torture by tracing the history of constitutional mechanisms that serve as protections from torture: the due process clause (Fourteenth and Fifth ... More


Just the Facts

in Theater of the Mind: Imagination, Aesthetics, and American Radio Drama

Published in print:
2012
Published Online:
March 2013
ISBN:
9780226853505
eISBN:
9780226853529
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226853529.003.0010
Subject:
History, American History: 20th Century

Radio plays with crime as their theme relied on two conventions that reflected a persistent cultural fascination with coercion—direct address and acts of testimony—both of which conventions helped ... More


Investigatory Powers

Peter Alldridge

in Criminal Justice and Taxation

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198755838
eISBN:
9780191816963
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755838.003.0006
Subject:
Law, Criminal Law and Criminology, Law of Obligations

The chapter considers to what extent tax investigations are like, and how they are unlike, police investigations. It examines the powers available to HMRC in the investigation of evasion offences. ... More


The Presumption of Innocence in the Trial Setting

Richard L. Lippke

in Taming the Presumption of Innocence

Published in print:
2016
Published Online:
March 2016
ISBN:
9780190469191
eISBN:
9780190469214
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190469191.003.0005
Subject:
Law, Criminal Law and Criminology

The chapter examines the presumption of innocence in its most natural setting, that of the criminal trial. The chapter distinguishes the perspective on the accused with which jurors (or judges, in ... More


The Bill of Rights: 1947–1958

Constance Jordan

in Reason and Imagination: The Selected Correspondence of Learned Hand

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199899104
eISBN:
9780190260132
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199899104.003.0005
Subject:
Law, Legal History

In the period 1947–1958, the following topics in law and politics concern Hand and his correspondents: libel, searches, the standard by which to assess good moral character, the privilege against ... More


Criminal Process: The Right to Counsel, Unreasonable Searches and Seizures, and the Privilege against Self-Incrimination

Kent Greenawalt

in Interpreting the Constitution

Published in print:
2015
Published Online:
October 2015
ISBN:
9780199756155
eISBN:
9780190297527
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756155.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter covers three different aspects of the rights of criminal suspects, asking how far the government may intrude on people’s lives in order to prevent and solve crimes. Among the central ... More


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