Counterterrorism and the Comparative Law of Investigative Detention PDF Download

Author:
Publisher: Cambria Press
ISBN: 1621969509
Category :
Languages : en
Pages : 274

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Book Description

Author: Stigall, Dan E.
Publisher: Edward Elgar Publishing
ISBN: 1800887183
Category : Law
Languages : en
Pages : 272

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Book Description
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: Dan E. Stigall
Publisher:
ISBN: 9781613365700
Category : Law
Languages : en
Pages : 248

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Book Description
This Bronze E-Book Edition for institutional buyers provides web reader access and download of an abridged version in PDF and device formats.

Author: Dan E. Stigall
Publisher: Edward Elgar Publishing
ISBN: 9781800887176
Category :
Languages : en
Pages : 272

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Book Description
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: Ana María Salinas de Frías
Publisher: Oxford University Press
ISBN: 019960892X
Category : Law
Languages : en
Pages : 1229

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Book Description
Government responses to terrorism can conflict with the protection of human rights and the rule of law. By comprehensively looking at all aspects of counter-terrorism measures from a comparative perspective, this book identifies best practices and makes clear recommendations for the future.

Author: Kent Roach
Publisher: Cambridge University Press
ISBN: 1107057078
Category : Law
Languages : en
Pages : 839

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Book Description
This book provides a systematic overview of counter-terrorism laws in twenty-two jurisdictions representing the Americas, Asia, Africa, Europe, and Australia.

Author: Stephen Dycus
Publisher: Aspen Publishing
ISBN: 1543820999
Category : Law
Languages : en
Pages : 1328

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Book Description
Counterterrorism Law

Author: Alec Fiszauf
Publisher:
ISBN: 9780433467694
Category : Criminal investigation
Languages : en
Pages : 280

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Book Description

Author: Charles A. Shanor
Publisher:
ISBN: 9781609300166
Category : Casebooks
Languages : en
Pages : 0

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Book Description
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: Claire Macken
Publisher: Routledge
ISBN: 1136741860
Category : Law
Languages : en
Pages : 295

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Book Description
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.