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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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Coercive Interrogation, Threats, and Cumulative Mistreatment

Coercive Interrogation, Threats, and Cumulative Mistreatment

(p.83) CHAPTER 6 Coercive Interrogation, Threats, and Cumulative Mistreatment
Constitutional Limits on Coercive Interrogation

Amos N. Guiora

Oxford University Press

This chapter discusses specific interrogation methods facilitating analysis of the limits of interrogation. It focuses on differentiating between various categories of interrogation, which will provide the framework for the proposed recommendations. This analysis requires distinguishing between interrogation, coercive interrogation, and torture. While torture is illegal, immoral, and does not lead to actionable intelligence, it is important to encourage the detainee to provide information that will either prevent future acts of terrorism or contribute to the conviction of those responsible for acts committed. It is vital to create a lawful interrogation regime that enables balancing legitimate civil and political rights of the individual with the national security considerations of the state. The information received in accordance with that balancing requirement is the most accurate and reliable. Differences, subtle yet significant, exist between interrogation and coercive interrogation, and differences exist between coercive interrogation and torture.

Keywords:   torture, threats, cumulative mistreatment, voluntariness, McNabb v United States, Army Field Manual

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