Lawrence S. Wrightsman and Mary L. Pitman
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199730902
- eISBN:
- 9780199776986
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199730902.001.0001
- Subject:
- Psychology, Forensic Psychology
In 1966 the Supreme Court ruled that law-enforcement officers were required to inform criminal defendants about their rights to remain silent or have an attorney present during their interrogation. ...
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In 1966 the Supreme Court ruled that law-enforcement officers were required to inform criminal defendants about their rights to remain silent or have an attorney present during their interrogation. In the 40 years since the inception of the “Miranda rule,” its anticipated effect has not been realized. The purposes of this book are to examine the reasons why the goal of the authors of the Miranda ruling has not been met and to identify procedures that move the criminal justice system closer to this goal. Separate chapters deal with four causes: the limitations and compromises in the original decision, the problems in comprehension of the Miranda warnings by various vulnerable populations (adolescents, non-English speakers, the deaf, and the mentally-challenged), the decisions subsequent to the 1966 decision that have eroded its breadth and application, and the efforts by police to avoid the curtailments from the ruling. The final chapter examines possible remedies such as requiring the presence of an attorney when the rights are given and videotaping the entire interrogation.Less
In 1966 the Supreme Court ruled that law-enforcement officers were required to inform criminal defendants about their rights to remain silent or have an attorney present during their interrogation. In the 40 years since the inception of the “Miranda rule,” its anticipated effect has not been realized. The purposes of this book are to examine the reasons why the goal of the authors of the Miranda ruling has not been met and to identify procedures that move the criminal justice system closer to this goal. Separate chapters deal with four causes: the limitations and compromises in the original decision, the problems in comprehension of the Miranda warnings by various vulnerable populations (adolescents, non-English speakers, the deaf, and the mentally-challenged), the decisions subsequent to the 1966 decision that have eroded its breadth and application, and the efforts by police to avoid the curtailments from the ruling. The final chapter examines possible remedies such as requiring the presence of an attorney when the rights are given and videotaping the entire interrogation.
Richard M. Pious
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199217977
- eISBN:
- 9780191711541
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199217977.003.0003
- Subject:
- Political Science, American Politics
This chapter focuses on the president's use of prerogative powers and the treatment of detainees in the war on terror. President Bush asserted his prerogative power in interpreting and reinterpreting ...
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This chapter focuses on the president's use of prerogative powers and the treatment of detainees in the war on terror. President Bush asserted his prerogative power in interpreting and reinterpreting conventions and customary international law obligations, and in interpreting the obligations of government officials to execute faithfully statute law, the Uniform Code of Military Justice, and various directives. It is argued that officials at the highest levels of government made decisions based on the constitutional authority of the president (as administration lawyers defined it) that left open the probability that detainees would be subjected to inhuman treatment and torture as defined by international law. The chapter explores why the issue of the treatment of prisoners has not risen to the level of an Iran-Contra affair and what the reaction tells us about the politics of prerogative power.Less
This chapter focuses on the president's use of prerogative powers and the treatment of detainees in the war on terror. President Bush asserted his prerogative power in interpreting and reinterpreting conventions and customary international law obligations, and in interpreting the obligations of government officials to execute faithfully statute law, the Uniform Code of Military Justice, and various directives. It is argued that officials at the highest levels of government made decisions based on the constitutional authority of the president (as administration lawyers defined it) that left open the probability that detainees would be subjected to inhuman treatment and torture as defined by international law. The chapter explores why the issue of the treatment of prisoners has not risen to the level of an Iran-Contra affair and what the reaction tells us about the politics of prerogative power.
Lawrence S. Wrightsman and Mary L. Pitman
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199730902
- eISBN:
- 9780199776986
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199730902.003.007
- Subject:
- Psychology, Forensic Psychology
When the Miranda decision was announced, police feared it would inhibit their effectiveness in gaining the cooperation of suspects. This fear has not been borne out; 80 % of suspects waive their ...
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When the Miranda decision was announced, police feared it would inhibit their effectiveness in gaining the cooperation of suspects. This fear has not been borne out; 80 % of suspects waive their Miranda rights, and police have an extensive repertoire of ploys to cause suspects to confess. These include flattery and ingratiation, veiled threats, and deception.Less
When the Miranda decision was announced, police feared it would inhibit their effectiveness in gaining the cooperation of suspects. This fear has not been borne out; 80 % of suspects waive their Miranda rights, and police have an extensive repertoire of ploys to cause suspects to confess. These include flattery and ingratiation, veiled threats, and deception.
Roger W. Shuy
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780195181661
- eISBN:
- 9780199788477
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195181661.003.0001
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
This chapter describes the three contexts in which law enforcement and the prosecution can create the illusion that a crime has been (or is being) committed: the recording, the police interrogation, ...
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This chapter describes the three contexts in which law enforcement and the prosecution can create the illusion that a crime has been (or is being) committed: the recording, the police interrogation, and the trial. Four sequential steps for eliciting inculpatory speech from targets in undercover cases are outlined, noting the common problems that law enforcement encounters at each step. It is noted how recorded conversation differs from the written language of legal briefs and transcripts. The power of the undercover agent, like that of the police interrogator, is seldom recognized by targets who are being secretly taped.Less
This chapter describes the three contexts in which law enforcement and the prosecution can create the illusion that a crime has been (or is being) committed: the recording, the police interrogation, and the trial. Four sequential steps for eliciting inculpatory speech from targets in undercover cases are outlined, noting the common problems that law enforcement encounters at each step. It is noted how recorded conversation differs from the written language of legal briefs and transcripts. The power of the undercover agent, like that of the police interrogator, is seldom recognized by targets who are being secretly taped.
Bridget Morris (ed.)
- Published in print:
- 2008
- Published Online:
- May 2009
- ISBN:
- 9780195166262
- eISBN:
- 9780199868223
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195166262.003.0149
- Subject:
- Religion, History of Christianity
Book V, also known as the Liber Quaestionum (The Book of Questions), comprises sixteen “interrogations,” each divided into questions and answers, and a number of separate “revelations” that are ...
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Book V, also known as the Liber Quaestionum (The Book of Questions), comprises sixteen “interrogations,” each divided into questions and answers, and a number of separate “revelations” that are interspersed among them. This apparently scholastic debate raises a number of theological issues, such as the created order of the world, natural theology, Christology and aspects of the Incarnation, and the justice of God's providence and divine grace. The introduction to Book V examines some of the themes of individual skepticism, the quest for theological understanding, and intellectual arrogance. It also discusses the identity of the monk-on-the-ladder and considers the role of the interspersed revelations in the book.Less
Book V, also known as the Liber Quaestionum (The Book of Questions), comprises sixteen “interrogations,” each divided into questions and answers, and a number of separate “revelations” that are interspersed among them. This apparently scholastic debate raises a number of theological issues, such as the created order of the world, natural theology, Christology and aspects of the Incarnation, and the justice of God's providence and divine grace. The introduction to Book V examines some of the themes of individual skepticism, the quest for theological understanding, and intellectual arrogance. It also discusses the identity of the monk-on-the-ladder and considers the role of the interspersed revelations in the book.
Lawrence S. Wrightsman and Mary L. Pitman
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199730902
- eISBN:
- 9780199776986
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199730902.003.001
- Subject:
- Psychology, Forensic Psychology
Two recent Supreme Court decisions are examined in depth to illustrate the inconsistencies and other problems in the current application of the Miranda ruling. Conflicting values of due process and ...
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Two recent Supreme Court decisions are examined in depth to illustrate the inconsistencies and other problems in the current application of the Miranda ruling. Conflicting values of due process and crime control–both very salient in our society-are employed to explain these inconsistencies.Less
Two recent Supreme Court decisions are examined in depth to illustrate the inconsistencies and other problems in the current application of the Miranda ruling. Conflicting values of due process and crime control–both very salient in our society-are employed to explain these inconsistencies.
Lawrence S. Wrightsman and Mary L. Pitman
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199730902
- eISBN:
- 9780199776986
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199730902.003.003
- Subject:
- Psychology, Forensic Psychology
This chapter describes the crime and the subsequent police interrogation and trial, all of which led to the 1966 Supreme Court decision ruling that criminal defendants had the right to counsel or to ...
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This chapter describes the crime and the subsequent police interrogation and trial, all of which led to the 1966 Supreme Court decision ruling that criminal defendants had the right to counsel or to remain silent when facing a possible interrogation. The disagreements between justices which led to a number of dissenting opinions are analyzed.Less
This chapter describes the crime and the subsequent police interrogation and trial, all of which led to the 1966 Supreme Court decision ruling that criminal defendants had the right to counsel or to remain silent when facing a possible interrogation. The disagreements between justices which led to a number of dissenting opinions are analyzed.
Paul Maddrell
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199267507
- eISBN:
- 9780191708404
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199267507.001.0001
- Subject:
- History, European Modern History
The years 1945-61 saw the greatest transformation in weaponry that has ever taken place, as atomic and thermonuclear bombs, intercontinental ballistic missiles and chemical and biological weapons ...
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The years 1945-61 saw the greatest transformation in weaponry that has ever taken place, as atomic and thermonuclear bombs, intercontinental ballistic missiles and chemical and biological weapons were developed by the superpowers. It was also a distinct era in Western intelligence collection. These were the years of the Germans. Mass interrogation in West Germany and spying in East Germany represented the most important source of intelligence on Soviet war-related science, weapons development and military capability until 1956 and a key one until 1961. This intelligence fuelled the arms race and influenced Western scientific research, weapons development, and intelligence collection. Using intelligence and policy documents held in British and US archives and records of the Ministry of State Security (MfS) of the former German Democratic Republic (GDR), this book studies the scientific intelligence-gathering and subversive operations of the British, US, and West German intelligence services in the period to date. East Germany's scientific potential was contained by inducing leading scientists and engineers to defect to the West, and the book shows that the US government's policy of ‘containment’ was more aggressive than has hitherto been accepted. It also demonstrates that the Western secret services' espionage in the GDR was very successful, even though the MfS and KGB achieved triumphs against them. George Blake twice did appalling damage to MI6's spy networks. The book reveals the identity of the most distinguished scientist to spy for the CIA as yet uncovered.Less
The years 1945-61 saw the greatest transformation in weaponry that has ever taken place, as atomic and thermonuclear bombs, intercontinental ballistic missiles and chemical and biological weapons were developed by the superpowers. It was also a distinct era in Western intelligence collection. These were the years of the Germans. Mass interrogation in West Germany and spying in East Germany represented the most important source of intelligence on Soviet war-related science, weapons development and military capability until 1956 and a key one until 1961. This intelligence fuelled the arms race and influenced Western scientific research, weapons development, and intelligence collection. Using intelligence and policy documents held in British and US archives and records of the Ministry of State Security (MfS) of the former German Democratic Republic (GDR), this book studies the scientific intelligence-gathering and subversive operations of the British, US, and West German intelligence services in the period to date. East Germany's scientific potential was contained by inducing leading scientists and engineers to defect to the West, and the book shows that the US government's policy of ‘containment’ was more aggressive than has hitherto been accepted. It also demonstrates that the Western secret services' espionage in the GDR was very successful, even though the MfS and KGB achieved triumphs against them. George Blake twice did appalling damage to MI6's spy networks. The book reveals the identity of the most distinguished scientist to spy for the CIA as yet uncovered.
Elizabeth Stokoe and Derek Edwards
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195306897
- eISBN:
- 9780199867943
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195306897.003.0006
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
This chapter, written by Elizabeth Stokoe and Derek Edwards, considers the occurrence in police‐suspect interrogations of what the authors term “silly questions.” A “silly question” is one that has ...
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This chapter, written by Elizabeth Stokoe and Derek Edwards, considers the occurrence in police‐suspect interrogations of what the authors term “silly questions.” A “silly question” is one that has an answer that both the police officer (i.e., the questioner) and the suspect (i.e., the answerer) already know and is asked in order “to establish for the record” something of the suspect's reported state of mind when engaged in the arrestable activity. In their analysis, Stokoe and Edwards examine the epistemic stance of the questioners and conclude that in using a silly question, the questioner adopts a “knowing” stance toward the information being requested and that these silly questions perform a bureaucratic function. The authors conclude that the institutional representatives ask questions not to obtain new information but rather to fulfill an institutionally mandated task that requires them to elicit information that they already know.Less
This chapter, written by Elizabeth Stokoe and Derek Edwards, considers the occurrence in police‐suspect interrogations of what the authors term “silly questions.” A “silly question” is one that has an answer that both the police officer (i.e., the questioner) and the suspect (i.e., the answerer) already know and is asked in order “to establish for the record” something of the suspect's reported state of mind when engaged in the arrestable activity. In their analysis, Stokoe and Edwards examine the epistemic stance of the questioners and conclude that in using a silly question, the questioner adopts a “knowing” stance toward the information being requested and that these silly questions perform a bureaucratic function. The authors conclude that the institutional representatives ask questions not to obtain new information but rather to fulfill an institutionally mandated task that requires them to elicit information that they already know.
Paul Maddrell
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199267507
- eISBN:
- 9780191708404
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199267507.003.0003
- Subject:
- History, European Modern History
This chapter begins by discussing the breakup of Germany into several parts, the expulsion of the Germans from Eastern Europe, and the establishment of Communist systems, resulting in a huge mass ...
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This chapter begins by discussing the breakup of Germany into several parts, the expulsion of the Germans from Eastern Europe, and the establishment of Communist systems, resulting in a huge mass flight. It explains the importance of Berlin as the escape hatch from Stalin's empire. It narrates the refugees' experiences during their migration, particularly the full interrogation in order to identify a valuable source to provide economic and political intelligence or a security suspect. It discusses that these interrogations served the West's two main policies designed to weaken the East German economy: embargo and induced defection. It defines defection as a product of the Soviet system itself, which is a natural consequence of disaffection with Communist totalitarianism and the wretchedness of life in Stalin's USSR. It also explains the reason behind the adoption of the policy of induced defection by the American and British intelligence services.Less
This chapter begins by discussing the breakup of Germany into several parts, the expulsion of the Germans from Eastern Europe, and the establishment of Communist systems, resulting in a huge mass flight. It explains the importance of Berlin as the escape hatch from Stalin's empire. It narrates the refugees' experiences during their migration, particularly the full interrogation in order to identify a valuable source to provide economic and political intelligence or a security suspect. It discusses that these interrogations served the West's two main policies designed to weaken the East German economy: embargo and induced defection. It defines defection as a product of the Soviet system itself, which is a natural consequence of disaffection with Communist totalitarianism and the wretchedness of life in Stalin's USSR. It also explains the reason behind the adoption of the policy of induced defection by the American and British intelligence services.
Avani Mehta Sood and Kevin M. Carlsmith
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199737512
- eISBN:
- 9780199918638
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199737512.003.0022
- Subject:
- Psychology, Social Psychology
The use of aggressive interrogation techniques on terrorism suspects is typically justified on utilitarian grounds. This chapter presents evidence that those who support such techniques are actually ...
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The use of aggressive interrogation techniques on terrorism suspects is typically justified on utilitarian grounds. This chapter presents evidence that those who support such techniques are actually fuelled more by retributive motives. One experimental study conducted with a broad national sample of US residents found that interrogation recommendations are more sensitive to manipulation of the target’s history of bad acts than to manipulation of his likelihood of useful knowledge. Moreover, the desire for harsh interrogation is largely isomorphic with the desire to punish, and both effects are mediated by the perceived moral status of the target. A second study demonstrated conditions under which nationality and geographical proximity of the detainee make a difference to interrogation and morality judgments. The implications of our results are discussed with regard to national policy on torture-interrogation.Less
The use of aggressive interrogation techniques on terrorism suspects is typically justified on utilitarian grounds. This chapter presents evidence that those who support such techniques are actually fuelled more by retributive motives. One experimental study conducted with a broad national sample of US residents found that interrogation recommendations are more sensitive to manipulation of the target’s history of bad acts than to manipulation of his likelihood of useful knowledge. Moreover, the desire for harsh interrogation is largely isomorphic with the desire to punish, and both effects are mediated by the perceived moral status of the target. A second study demonstrated conditions under which nationality and geographical proximity of the detainee make a difference to interrogation and morality judgments. The implications of our results are discussed with regard to national policy on torture-interrogation.
David Fisher
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199599240
- eISBN:
- 9780191725692
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199599240.003.0010
- Subject:
- Religion, Philosophy of Religion, Religion and Society
Following the 9/11 attacks, al‐Qaeda and other terrorist groups pose a threat, operating with global networks and potentially armed with weapons of mass destruction. To counter these threats, US ...
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Following the 9/11 attacks, al‐Qaeda and other terrorist groups pose a threat, operating with global networks and potentially armed with weapons of mass destruction. To counter these threats, US policy‐makers argued that extreme times justify extreme measures. These include pre‐emptive military action to forestall terrorist attacks and new methods of interrogation to uncover them. Just‐war thinking would license neither the new US doctrine of pre‐emption nor the new interrogation techniques. For an absolutist torture is always wrong, but a consequentialist, such as Dershowitz, justifies torture if it could save lives. To understand why torture is wrong we need to deploy all the resources of virtuous consequentialism, attending not just to the consequences but the internal states and character of the torturer and his victim. We want our public servants to be virtuous. Yet we need our special interrogators to be men or women of vice.Less
Following the 9/11 attacks, al‐Qaeda and other terrorist groups pose a threat, operating with global networks and potentially armed with weapons of mass destruction. To counter these threats, US policy‐makers argued that extreme times justify extreme measures. These include pre‐emptive military action to forestall terrorist attacks and new methods of interrogation to uncover them. Just‐war thinking would license neither the new US doctrine of pre‐emption nor the new interrogation techniques. For an absolutist torture is always wrong, but a consequentialist, such as Dershowitz, justifies torture if it could save lives. To understand why torture is wrong we need to deploy all the resources of virtuous consequentialism, attending not just to the consequences but the internal states and character of the torturer and his victim. We want our public servants to be virtuous. Yet we need our special interrogators to be men or women of vice.
Ronald M. Peters and Cindy Simon Rosenthal
- Published in print:
- 2010
- Published Online:
- October 2011
- ISBN:
- 9780195383737
- eISBN:
- 9780199852802
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195383737.003.0005
- Subject:
- Political Science, American Politics
This chapter traces Pelosi’s actions in organizing the House for the 111th Congress. It then analyzes her relationship with President Obama, from both a personal and institutional perspective. At the ...
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This chapter traces Pelosi’s actions in organizing the House for the 111th Congress. It then analyzes her relationship with President Obama, from both a personal and institutional perspective. At the outset of the new administration, much attention was focused on Obama’s professed interest in fostering a degree of bipartisan accommodation in Washington. The chapter analyzes bipartisanship’s meaning and prospects. It then offers an assessment of Pelosi’s strategic approach to governing in terms of partisanship and bipartisanship. It considers the controversy that arose over her knowledge of the program set up by the Bush administration to use what it called “enhanced interrogation techniques” (EITs, i.e., “waterboarding” and other practices to inflict suffering on detainees in order to elicit information from them). Finally, it discusses the legislative record of the first session of the 111th Congress.Less
This chapter traces Pelosi’s actions in organizing the House for the 111th Congress. It then analyzes her relationship with President Obama, from both a personal and institutional perspective. At the outset of the new administration, much attention was focused on Obama’s professed interest in fostering a degree of bipartisan accommodation in Washington. The chapter analyzes bipartisanship’s meaning and prospects. It then offers an assessment of Pelosi’s strategic approach to governing in terms of partisanship and bipartisanship. It considers the controversy that arose over her knowledge of the program set up by the Bush administration to use what it called “enhanced interrogation techniques” (EITs, i.e., “waterboarding” and other practices to inflict suffering on detainees in order to elicit information from them). Finally, it discusses the legislative record of the first session of the 111th Congress.
Yuval Ginbar
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199540914
- eISBN:
- 9780191716256
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199540914.003.0011
- Subject:
- Law, Human Rights and Immigration
This chapter introduces Part III, examining four models of legalized torture. It focuses on each model's legal aspects, but their practical ones are also addressed in order to assess the extent to ...
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This chapter introduces Part III, examining four models of legalized torture. It focuses on each model's legal aspects, but their practical ones are also addressed in order to assess the extent to which the models have succeeded in limiting torture to ticking bomb and similar situations, and minimizing its effects in the wider context. Two models applied in Israel — the Landau model and the High Court of Justice model — are examined, as well as the theoretical ‘torture warrants’ model and the ‘High Value Detainees’ model applied by the USA in its war on terror. Due to its as yet unsettled and constantly changing nature, the US model is deemed to be one of ‘quasi-legalized torture’. Models of total secrecy and hypocrisy are briefly discussed and dismissed.Less
This chapter introduces Part III, examining four models of legalized torture. It focuses on each model's legal aspects, but their practical ones are also addressed in order to assess the extent to which the models have succeeded in limiting torture to ticking bomb and similar situations, and minimizing its effects in the wider context. Two models applied in Israel — the Landau model and the High Court of Justice model — are examined, as well as the theoretical ‘torture warrants’ model and the ‘High Value Detainees’ model applied by the USA in its war on terror. Due to its as yet unsettled and constantly changing nature, the US model is deemed to be one of ‘quasi-legalized torture’. Models of total secrecy and hypocrisy are briefly discussed and dismissed.
Yuval Ginbar
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199540914
- eISBN:
- 9780191716256
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199540914.003.0012
- Subject:
- Law, Human Rights and Immigration
This chapter describes and analyzes the Landau model of legalized torture, under which interrogation of suspected terrorists was regulated in Israel between 1987 and 1999, with Supreme Court ...
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This chapter describes and analyzes the Landau model of legalized torture, under which interrogation of suspected terrorists was regulated in Israel between 1987 and 1999, with Supreme Court approval. Shaped by the recommendations of the Landau Commission of Inquiry, which included detailed instructions to interrogators on applying psychological ‘pressure’ and ‘a moderate measure of physical pressure’, the model claimed that such instructions are lawful under the ‘defence of necessity’ provision in the Penal Law, which applies to them. Many thousands of Palestinians, far outweighing the number of those convicted of any terrorist offences during the period, underwent the Landau interrogation methods, pronounced by UN bodies to amount to torture. Methods included various combinations of incommunicado detention, sleep and sensory deprivation, forced painful positions, ‘shaking’, and other humiliating or violent methods. Those applying the techniques according to instructions invariably enjoyed impunity from prosecution.Less
This chapter describes and analyzes the Landau model of legalized torture, under which interrogation of suspected terrorists was regulated in Israel between 1987 and 1999, with Supreme Court approval. Shaped by the recommendations of the Landau Commission of Inquiry, which included detailed instructions to interrogators on applying psychological ‘pressure’ and ‘a moderate measure of physical pressure’, the model claimed that such instructions are lawful under the ‘defence of necessity’ provision in the Penal Law, which applies to them. Many thousands of Palestinians, far outweighing the number of those convicted of any terrorist offences during the period, underwent the Landau interrogation methods, pronounced by UN bodies to amount to torture. Methods included various combinations of incommunicado detention, sleep and sensory deprivation, forced painful positions, ‘shaking’, and other humiliating or violent methods. Those applying the techniques according to instructions invariably enjoyed impunity from prosecution.
Yuval Ginbar
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199540914
- eISBN:
- 9780191716256
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199540914.003.0014
- Subject:
- Law, Human Rights and Immigration
This chapter describes and analyzes the model of legalized torture established by a 1999 Israeli Supreme Court (as High Court of Justice, HCJ) ruling, under which interrogation of suspected ...
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This chapter describes and analyzes the model of legalized torture established by a 1999 Israeli Supreme Court (as High Court of Justice, HCJ) ruling, under which interrogation of suspected terrorists has been regulated in Israel between then and the present. Declaring the Landau system as illegal, since the ‘defence of necessity’ (DoN) cannot apply a priori and interrogators have no authority to torture or ill-treat, the Court nevertheless ruled that the DoN is available ex post facto to interrogators who torture (applied ‘physical methods’) in ticking bomb situations. According to official data, dozens of Palestinians were interrogated annually using ‘extraordinary measures’ in TBSs during the second Palestinian Intifadah's first two years. Human rights organizations claim much higher numbers. No interrogators have been prosecuted. Methods, pronounced by a UN expert to amount to torture, include incommunicado detention, sleep deprivation, shackling in painful positions, and other forms of violence and humiliation.Less
This chapter describes and analyzes the model of legalized torture established by a 1999 Israeli Supreme Court (as High Court of Justice, HCJ) ruling, under which interrogation of suspected terrorists has been regulated in Israel between then and the present. Declaring the Landau system as illegal, since the ‘defence of necessity’ (DoN) cannot apply a priori and interrogators have no authority to torture or ill-treat, the Court nevertheless ruled that the DoN is available ex post facto to interrogators who torture (applied ‘physical methods’) in ticking bomb situations. According to official data, dozens of Palestinians were interrogated annually using ‘extraordinary measures’ in TBSs during the second Palestinian Intifadah's first two years. Human rights organizations claim much higher numbers. No interrogators have been prosecuted. Methods, pronounced by a UN expert to amount to torture, include incommunicado detention, sleep deprivation, shackling in painful positions, and other forms of violence and humiliation.
Yuval Ginbar
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199540914
- eISBN:
- 9780191716256
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199540914.003.0018
- Subject:
- Law, Human Rights and Immigration
This chapter analyzes international legal materials to examine the legality of interrogation methods used in the Israeli and US models. International law does not envisage legitimately coercing ...
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This chapter analyzes international legal materials to examine the legality of interrogation methods used in the Israeli and US models. International law does not envisage legitimately coercing detainees into providing information, and has therefore made no allowance for effective means of doing so, rendering all US and Israeli ‘coercive’ methods unlawful. International human rights and humanitarian law clearly allow no ‘ticking bomb’ or any other exception to the prohibition on torture, nor to the prohibition of ill-treatment not amounting to torture. Using the ‘accumulation yardstick’ international jurisprudence — both on comparable interrogation methods and on US and Israeli methods specifically — have determined that used in combination and/or over time, even relatively ‘moderate’ or ‘lite’ methods such as sleep and sensory deprivation may amount to torture, and in the instant cases have.Less
This chapter analyzes international legal materials to examine the legality of interrogation methods used in the Israeli and US models. International law does not envisage legitimately coercing detainees into providing information, and has therefore made no allowance for effective means of doing so, rendering all US and Israeli ‘coercive’ methods unlawful. International human rights and humanitarian law clearly allow no ‘ticking bomb’ or any other exception to the prohibition on torture, nor to the prohibition of ill-treatment not amounting to torture. Using the ‘accumulation yardstick’ international jurisprudence — both on comparable interrogation methods and on US and Israeli methods specifically — have determined that used in combination and/or over time, even relatively ‘moderate’ or ‘lite’ methods such as sleep and sensory deprivation may amount to torture, and in the instant cases have.
Jason Ralph
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199652358
- eISBN:
- 9780191745515
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199652358.001.0001
- Subject:
- Political Science, International Relations and Politics
Following 9/11 the United States faced a situation of exceptional insecurity. In that period the Bush administration argued that certain international norms did not apply to US conduct. Its argument ...
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Following 9/11 the United States faced a situation of exceptional insecurity. In that period the Bush administration argued that certain international norms did not apply to US conduct. Its argument was underpinned by the claim that the United States was in a state of armed conflict or ‘war’ with ‘a new kind of enemy’. The purpose of this book is to examine whether this approach outlasted the moment of insecurity that gave rise to it. More than a decade on from those attacks, and following a change of administration, what influence do these arguments have on American policy? To answer this question it focuses on four areas of policy: the use of force and the prosecution, detention and interrogation of suspected terrorists. It demonstrates how the Bush policy programme was contested by liberals and realists from the outset. Any expectation that the war on terror would end following the election of President Obama has, however, proven unfounded. Obama consolidated the liberal pushback against aspects of the Bush programme but the US has continued to argue a state of armed conflict exists. The scope of the battlefield and the definition of the enemy has been a source of intense debate but the fact that the Guant00E1namo Bay detention facility remained open long after the President promised to close it is indicative of the underlying continuity. It is argued that this is driven in part by domestic politics and in part by an understanding of how the terrorist threat is evolving.Less
Following 9/11 the United States faced a situation of exceptional insecurity. In that period the Bush administration argued that certain international norms did not apply to US conduct. Its argument was underpinned by the claim that the United States was in a state of armed conflict or ‘war’ with ‘a new kind of enemy’. The purpose of this book is to examine whether this approach outlasted the moment of insecurity that gave rise to it. More than a decade on from those attacks, and following a change of administration, what influence do these arguments have on American policy? To answer this question it focuses on four areas of policy: the use of force and the prosecution, detention and interrogation of suspected terrorists. It demonstrates how the Bush policy programme was contested by liberals and realists from the outset. Any expectation that the war on terror would end following the election of President Obama has, however, proven unfounded. Obama consolidated the liberal pushback against aspects of the Bush programme but the US has continued to argue a state of armed conflict exists. The scope of the battlefield and the definition of the enemy has been a source of intense debate but the fact that the Guant00E1namo Bay detention facility remained open long after the President promised to close it is indicative of the underlying continuity. It is argued that this is driven in part by domestic politics and in part by an understanding of how the terrorist threat is evolving.
Jonathan D. Moreno and Sonya Parashar
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199596492
- eISBN:
- 9780191745669
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199596492.003.0013
- Subject:
- Neuroscience, Techniques, Development
Problems of brain imaging and privacy assume a different character when considered in the context of national security needs. National security considerations are matters of state sovereignty and are ...
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Problems of brain imaging and privacy assume a different character when considered in the context of national security needs. National security considerations are matters of state sovereignty and are constrained mainly by international conventions in to which states have entered. This chapter reviews the implications of that legal and philosophical framework for privacy considerations. It gives examples of brain imaging technologies that may be of interest to national security agencies, particularly for purposes of deception detection and interrogation.Less
Problems of brain imaging and privacy assume a different character when considered in the context of national security needs. National security considerations are matters of state sovereignty and are constrained mainly by international conventions in to which states have entered. This chapter reviews the implications of that legal and philosophical framework for privacy considerations. It gives examples of brain imaging technologies that may be of interest to national security agencies, particularly for purposes of deception detection and interrogation.
David Maskell
- Published in print:
- 1991
- Published Online:
- October 2011
- ISBN:
- 9780198151616
- eISBN:
- 9780191672774
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198151616.003.0006
- Subject:
- Literature, Drama, 17th-century and Restoration Literature
This chapter discusses the keen theatrical eye of Racine, watchful for bodily movement and facial expression that are significant for the proper delivery of his plays. In the accounts of his sons, ...
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This chapter discusses the keen theatrical eye of Racine, watchful for bodily movement and facial expression that are significant for the proper delivery of his plays. In the accounts of his sons, Racine is depicted as a playwright and a director who is particular about the delivery of his plays. He dictated the tone, explained the meaning of his verses, and showed gestures to his actors. He even annotated directions such as pitch and volume in his manuscripts. The chapter also discusses the different elements that distinguished Racine as a playwright and a director from others during his time. In the succeeding sections the actio, the listener's performance, the interrogations, and the theatrics of visual spectacle are introduced and discussed. In the context of rowdy Parisian theatres, Racine succeeded by shaping the scene through visual focus, by making arguments relevant to movement in stage space, and by linking discourse and spectacle.Less
This chapter discusses the keen theatrical eye of Racine, watchful for bodily movement and facial expression that are significant for the proper delivery of his plays. In the accounts of his sons, Racine is depicted as a playwright and a director who is particular about the delivery of his plays. He dictated the tone, explained the meaning of his verses, and showed gestures to his actors. He even annotated directions such as pitch and volume in his manuscripts. The chapter also discusses the different elements that distinguished Racine as a playwright and a director from others during his time. In the succeeding sections the actio, the listener's performance, the interrogations, and the theatrics of visual spectacle are introduced and discussed. In the context of rowdy Parisian theatres, Racine succeeded by shaping the scene through visual focus, by making arguments relevant to movement in stage space, and by linking discourse and spectacle.
