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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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Interrogation Methods and the Eighth Amendment

Interrogation Methods and the Eighth Amendment

(p.129) CHAPTER 8 Interrogation Methods and the Eighth Amendment
Constitutional Limits on Coercive Interrogation

Amos N. Guiora

Oxford University Press

Although addressing the Eighth Amendment prohibition against excessive bail and cruel and unusual punishment can seem out of place in a discussion of interrogation, there is an important relationship between the two. Although punishment can initially be understood to only refer to postconviction actions, the concepts of punishment are also relevant to pretrial detention measures. To discuss this concept, interrogation must be viewed as broadly as possible. That is, not just the actual questioning by an interrogator. From the perspective of the detainee, interrogation incorporates all aspects of life inside the detention center from the moment the doors are locked behind him. An examination of the Eighth Amendment's prohibition against cruel and unusual punishment with respect to the post-9/11 detainees is predicated on the granting of constitutional protections to non-American citizens as if they are American citizens.

Keywords:   pretrial detention, Eighth Amendment, cruel and unusual punishment, excessive bail, Stack v. Boyle, Hutto v. Finney, Guantanamo Bay, totality of the circumstances, Rhodes v Chapman, In Re Medley

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