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Confessions of Guilt
The extreme interrogation tactics permitted after the 9/11 attacks illustrate that the level of fear in society can influence the law of interrogation. In light of controversial water boarding policies and extraterritorial detention centers, what is the basis for interrogation law in the United States? What is the historical precedent for giving potential criminals the right to "remain silent" or confess to a crime? In Confessions of Guilt, esteemed scholars of law and criminal procedure George Thomas and Richard Leo tell the story of how, over the centuries, the law of interrogation moved from indifference about extreme pressure to concern over the slightest pressure, and back again. Demonstrating that the law of interrogation is inherently unstable and highly dependent on the perceived levels of threat felt by a society, the authors shed light on the nuanced and fascinating history of interrogation practices, both new and old.
The Miranda Debate
New in paperback. An in-depth collection of key writings on the Supreme Court's controversial 1966 ruling in Miranda v. Arizona, a decision that remains at the forefront of today's debate about defendants' constitutional rights, victims' rights, and crime control.
Double Jeopardy
In the first book-length work on the subject in over a quarter century, George C. Thomas III advances an integrated theory of double jeopardy law, a theory anchored in historical, doctrinal, and philosophical method. Tracing American double jeopardy doctrine back to twelfth-century English law, Thomas develops a jurisprudential account of double jeopardy that recognizes the central role of the legislature in creating criminal law blameworthiness. His theory, based on blameworthiness, allows today's courts to move toward a coherent double jeopardy doctrine.
Guantánamo and Beyond
The Military Commissions scheme established by President George W. Bush in November 2001 has garnered considerable controversy. In parallel with the detention facilities at Guantánamo Bay, Cuba, the creation of military courts has focused significant global attention on the use of such courts to process and try persons suspected of committing terrorist acts or offenses during armed conflict. This book brings together the viewpoints of leading scholars and policy makers on the topic of exceptional courts and military commissions with a series of unique contributions setting out the current 'state of the field'. The book assesses the relationship between such courts and other intersecting and overlapping legal arenas including constitutional law, international law, international human rights law, and international humanitarian law. By examining the comparative patterns, similarities and disjunctions arising from the use of such courts, this book also analyzes the political and legal challenges that the creation and operation of exceptional courts produces both within democratic states and for the international community.
Divided Sovereignty
An exploration of new institutional solutions to the old question of how to constrain states when they commit severe abuses against their own citizens. The book argues that coercive international institutions can stop these abuses and act as an insurance scheme against the possibility of states failing to fulfill their most basic sovereign responsibilities.
Constitutionalism Across Borders in the Struggle Against Terrorism
This edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. Various chapters underline how constitution-like norms consolidate at the level of international and supranational organizations as a limit to the exercise of public power in the field of counter-terrorism policy, especially counter-terrorism financing. Other chapters examine the extraterritorial application of constitutional rights and the migration of constitutional norms – or anti-constitutional practices – from one state to another. Still others consider how tr...
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