How The Treatment Of Military Detainees At Guantanamo Differs From That Of American Citizens Accused Of Committing Crimes

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Objectives

  • Identify the constitutional and legal considerations that must be made during a criminal interrogation.
  • Using case studies, analyze the techniques used by officers to obtain a confession and make suggestions for improvement.

Introduction

This is a research project that requires you to research the controversy concerning the torture of the United States Detainees at Guantanamo. To familiarize yourself with the issues, a good place to start is at the Human Rights web page at: http://www.hrw.org/doc/?t=usa_gitmo.

Additional information regarding the debate may be found on the Internet. You can use the search phrase “Torture AND Human rights,” to begin your search.

Tasks:

Write a report on the assessment and facts. Your report should specifically describe the following:

  • How does the treatment of military detainees at Guantanamo differ from that of American citizens accused of committing crimes, in terms of goals and prisoner rights?
  • What are some of the most used tactics for interrogation? How do you think these would be useful in the case of military detainees at Guantanamo? Is torture justified as a means of coercion?
  • Are Miranda rights required? Would such coercion be acceptable under Miranda standards?
  • Does it matter if the miscarriage of justice involves a U.S. citizen or foreigner?
  • Should the rights of U.S. citizens only protect them?
  • Where do you draw the line between protecting your country and protecting individual rights?

Give reasons along with your opinion. This paper is expected to reflect a thorough understanding of interrogation law and practice.

 

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