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| Author | : Stigall, Dan E. |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 272 |
| Release | : 2021-09-10 |
| Genre | : Law |
| ISBN | : 1800887183 |
Download Counterterrorism and Investigative Detention Book in PDF, ePub and Kindle
Counterterrorism and Investigative Detention explores the practice of investigative detention of terrorist suspects in the legal systems of the United States, the United Kingdom, and France. In addition to illuminating the characteristics, capabilities, and limitations of various investigative detention regimes, this book examines ways in which international law and national security imperatives have served as vectors for change and convergence in these otherwise divergent legal systems.
| Author | : |
| Publisher | : Cambria Press |
| Total Pages | : 274 |
| Release | : |
| Genre | : |
| ISBN | : 1621969509 |
Download Counterterrorism and the Comparative Law of Investigative Detention Book in PDF, ePub and Kindle
| Author | : Dan E. Stigall |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 272 |
| Release | : 2021-09-07 |
| Genre | : |
| ISBN | : 9781800887176 |
Download Counterterrorism and Investigative Detention Book in PDF, ePub and Kindle
Counterterrorism and Investigative Detention explores the practice of investigative detention of terrorist suspects in the legal systems of the United States, the United Kingdom, and France. In addition to illuminating the characteristics, capabilities, and limitations of various investigative detention regimes, this book examines ways in which international law and national security imperatives have served as vectors for change and convergence in these otherwise divergent legal systems. The chapters include an examination of the way in which each country has experienced and confronted terrorism; an overview of each country's legal system; a detailed analysis of each country's counterterrorism laws; and a discussion of the ways in which international law has impacted their respective counterterrorism approaches. This book, therefore, is situated at the nexus of comparative law, international law, and national security, providing scholars and policymakers with insight into how different countries with contrasting legal traditions address a common national security threat. This compelling discussion of how different legal systems use their detention laws to address the threat of terrorism will be of interest to comparative lawyers, international lawyers, and national security professionals.
| Author | : Dan E. Stigall |
| Publisher | : |
| Total Pages | : 273 |
| Release | : 2014-05-14 |
| Genre | : LAW |
| ISBN | : 9781624992001 |
Download Counterterrorism and the Comparative Law of Investigative Detention Book in PDF, ePub and Kindle
"A must read and a breakthrough work ... The book makes clear the importance of comparing, learning from, and adapting legal systems to the ever-changing world, while maintaining the integrity of the Constitution. The subtlety of the book shows deep understanding of these legal regimes, something most legal analysts and policy makers from both systems sorely lack ... a most timely and valuable analysis."- Prof. Christopher L. Blakesley, University of Nevada, Las Vegas, and author of Terrorism and Anti-Terrorism: A Normative and Practical Assessment "A careful and authoritative account of the controversial practice of investigative detention as a tool for responding to terrorism in a post-September 11th world. Informed by an impressive knowledge of American, British, and French law, Stigall's book reflects a distinctive comparative perspective. It deserves to be read not only by scholars and students in the field but also by policy makers on both sides of the Atlantic." - Prof. Stuart P. Green, Rutgers School of Law-Newark "Dan Stigall's analysis highlights the danger of dismissing a comparative approach, for he has most effectively used the British and French experience in discussing detention. While no regime has the answer (an illusion, at best), democratic nations can well learn from each other's successes and failures. Precisely for that reason, policy makers, jurists, and the concerned public owe Dan a collective thanks; in addressing the extraordinarily complicated issue of detention from a comparative perspective, he has truly bitten off a very large bite of a problematic apple. That he has done so is to our benefit; that he has done so successfully is to his credit. While we shall continue to struggle with the limits of detention and what legal paradigm is the "correct" one, we are the richer for Dan's book. It can serve as an effective "guide" as we continue to traverse the never-ending field of terrorism and counterterrorism." - Amos N. Guiora, Professor of Law, S. J. Quinney College of Law, University of Utah
| Author | : Diane Webber |
| Publisher | : Routledge |
| Total Pages | : 326 |
| Release | : 2016-01-08 |
| Genre | : Law |
| ISBN | : 1317385497 |
Download Preventive Detention of Terror Suspects Book in PDF, ePub and Kindle
Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights treaties. The book demonstrates that the procedures governing the use of preventive detention are deficient in each framework and that these deficiencies often have an adverse and serious impact on the human rights of detainees, thereby delegitimizing the use of preventive detention. Based on her investigation Diane Webber puts forward a new approach to preventive detention, setting out ten key minimum criteria drawn from international human rights principles and best practices from domestic laws. The minimum criteria are designed to cure the current flaws and deficiencies and provide a base line of guidance for the many countries that choose to use preventive detention, in a way that both respects human rights and maintains security.
| Author | : Claire Macken |
| Publisher | : Routledge |
| Total Pages | : 295 |
| Release | : 2013-03-01 |
| Genre | : Law |
| ISBN | : 1136741860 |
Download Counter-terrorism and the Detention of Suspected Terrorists Book in PDF, ePub and Kindle
In a regional, national and global response to terrorism, the emphasis necessarily lies on preventing the next terrorist act. Yet, with prevention comes prediction: the need to identify and detain those considered likely to engage in a terrorist act in the future. The detention of ‘suspected terrorists’ is intended, therefore, to thwart a potential terrorist act recognising that retrospective action is of no consequence given the severity of terrorist crime. Although preventative steps against those reasonably suspected to have an intention to commit a terrorist act is sound counter-terrorism policy, a law allowing arbitrary arrest and detention is not. A State must carefully enact anti-terrorism laws to ensure that preventative detention does not wrongly accuse and grossly slander an innocent person, nor allow a terrorist to evade detection. This book examines whether the preventative detention of suspected terrorists in State counter-terrorism policy is consistent with the prohibitions on arbitrary arrest and detention in international human rights law. This examination is based on the ‘principle of proportionality’; a principle underlying the prohibition on arbitrary arrest as universally protected in the Universal Declaration of Human Rights, and given effect to internationally in the International Covenant on Civil and Political Rights, and regionally in regional instruments including the European Convention on Human Rights. The book is written from a global counter-terrorism perspective, drawing particularly on examples of preventative detention from the UK, US and Australia, as well as jurisprudence from the ECHR.
| Author | : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Terrorism, Technology, and Homeland Security |
| Publisher | : |
| Total Pages | : 94 |
| Release | : 2004 |
| Genre | : Law |
| ISBN | : |
Download Tools to Fight Terrorism Book in PDF, ePub and Kindle
| Author | : Fiona de Londras |
| Publisher | : Cambridge University Press |
| Total Pages | : 327 |
| Release | : 2011-07-28 |
| Genre | : Political Science |
| ISBN | : 1139500031 |
Download Detention in the 'War on Terror' Book in PDF, ePub and Kindle
In this book, Fiona de Londras presents an overview of counter-terrorist detention in the US and the UK and the attempts by both states to achieve a downward recalibration of international human rights standards as they apply in an emergency. Arguing that the design and implementation of this policy has been greatly influenced by both popular and manufactured panic, Detention in the 'War on Terror' addresses counter-terrorist detention through an original analytic framework. In contrast to domestic law in the US and UK, de Londras argues that international human rights law has generally resisted the challenge to the right to be free from arbitrary detention, largely because of its relative insulation from counter-terrorist panic. She argues that this resilience gradually emboldened superior courts in the US and UK to resist repressive detention laws and policies and insist upon greater rights-protection for suspected terrorists.
| Author | : Charles A. Shanor |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2011 |
| Genre | : Casebooks |
| ISBN | : 9781609300166 |
Download Counterterrorism Law Book in PDF, ePub and Kindle
This casebook, in a logical and student-friendly format, presents the challenges that terrorism poses to the law. The decisions of Congress, the President, and the courts are organized around various counterterrorism strategies and processes. Strategies used in the United States are compared with those of other nations. The cases and notes explore fascinating issues seldom found elsewhere in law schools such as, crimes punishing speech; warrantless searches and seizures; data mining; foreign intelligence surveillance; extraordinary rendition; state secrets; lengthy military detention; enhanced interrogation techniques; unusual trial forums and processes; targeted killings; immigration sweeps; and compensation barriers. Illustrations include: boundary-blurring between criminal and military law reconsideration of traditional detention and interrogation practices mingling of investigation and intelligence-gathering exceptions to constitutional protections of individual rights new fault lines between courts, the executive, and Congress modifications to the law of armed conflict revisions to immigration law unique aspects of compensation systems related to terrorism. The book is structured into the following chapters and topics: Chapter I provides a broad brush introduction, primarily non-legal, to terrorism and counterterrorism, a short substitute for an undergraduate overview of this field. Chapters II and III explore antiterrorism criminal law (including punishments) and criminal procedures related to finding terrorists. Chapter IV then examines in detail a specific investigatory tool, foreign intelligence surveillance. Chapters V-VII present the legal battles over civilian and military detention and interrogation of alleged terrorists and the processes (mainly habeas corpus) for ending detention. Trial processes concerning defendants c
| Author | : David Lowe |
| Publisher | : Taylor & Francis |
| Total Pages | : 158 |
| Release | : 2015-08-25 |
| Genre | : Law |
| ISBN | : 1040083080 |
Download Policing Terrorism Book in PDF, ePub and Kindle
Based primarily upon information from the UK Special Branch Counterterrorism Unit, Policing Terrorism: Research Studies into Police Counterterrorism Investigations takes you through the mechanics of a counterterrorism investigation. A combination of legal and empirical research, this entry in the Advances in Police Theory and Practice book series e
