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Constitutional Limits on Coercive Interrogation$
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Amos N. Guiora

Print publication date: 2008

Print ISBN-13: 9780195340310

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195340310.001.0001

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Introducing the Hybrid Paradigm and the Historical Analogy

Introducing the Hybrid Paradigm and the Historical Analogy

(p.9) CHAPTER 2 Introducing the Hybrid Paradigm and the Historical Analogy
Constitutional Limits on Coercive Interrogation

Amos N. Guiora

Oxford University Press

An individual accused of involvement in terrorism must be brought to some form of trial, but the American criminal law process is inapplicable to the current conflict. To guarantee the suspect certain rights and privileges, the hybrid paradigm would provide the following: 1) lawful coercive interrogation of a suspect ranted Miranda protections; 2) remand hearings before a court designed to prevent indefinite detention; 3) the right to counsel of the suspect's own choosing; 4) admissibility of the intelligence information into trial; 5) bench trials before specially trained judges; 6) conviction based in part (but not more than 50%) on intelligence information; 7) sentencing guidelines; and 8) and right to appeal to an independent judiciary. The hybrid paradigm also calls for the Foreign Intelligence Surveillance Act (FISA) Court to become a domestic terror court premised on a Congressional amendment to Article III of the Constitution.

Keywords:   Miranda, indefinite detention, right to counsel, American deep south, military commissions, intelligence gathering, Hamdan v. Rumsfeld

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