Criminal Law

Download PDF by Michael Skerker: An Ethics of Interrogation

By Michael Skerker

ISBN-10: 0226761614

ISBN-13: 9780226761619

The act of interrogation, and debate over its use, pervade our tradition, no matter if via fictionalized depictions in videos and tv or discussions of real-life interrogations at the information. yet regardless of day-by-day mentions of the perform within the media, there's a loss of trained statement on its ethical implications. relocating past the slim specialize in torture that has characterised so much paintings at the topic, An Ethics of Interrogation is the 1st ebook to completely deal with this advanced factor. In doing so Michael Skerker confronts a bunch of philosophical and criminal matters, from the ideal to privateness and the privilege opposed to forced self-incrimination to prisoner rights and the criminal outcomes of alternative modes of arrest, interrogation, and detention. those themes bring up severe questions on the morality of holding secrets and techniques and the variations among nation energy at domestic and in a foreign country. considerate attention of those topics leads Skerker to precise coverage strategies for legislations enforcement, army, and intelligence professionals.

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Example text

As will be discussed below, one does not have a right to criminal secrets per se, and one wrongs others by withholding criminal information.

It would be just for my neighbor to act coercively in a way affecting my property rights by demanding I stop shooting; by wrenching the gun out of my hand; or sabotaging it while I slept (if he was afraid of me). However, it seems that his shooting me would be excessive unless he was in the line of fire; saw someone else in the line of fire; or if the nonlethal approaches failed and I continued shooting, regardless of whether he saw someone in imminent danger (because it is likely that eventually my bullets would find a target).

Rather, in response to legal scholars’ calls for dismissing the right to silence and privilege for a dearth of plausible justifications, and to characterizations of suspects’ rights as impediments to police investigations, I will be suggesting that there is at least one plausible scheme integrating rights to privacy and silence, the privilege against compelled self-incrimination, and police and prosecutorial 42 / Chapter Three efficacy. If such a scheme is judged favorably, it may argue for the protection of a robust political right to silence, a narrow per se privilege, and strong police powers.

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An Ethics of Interrogation by Michael Skerker

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