Download e-book for iPad: An Ethics of Interrogation by Michael Skerker

By Michael Skerker

ISBN-10: 0226761614

ISBN-13: 9780226761619

The act of interrogation, and debate over its use, pervade our tradition, even if via fictionalized depictions in video clips 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 educated statement on its ethical implications. relocating past the slim specialize in torture that has characterised such a lot paintings at the topic, An Ethics of Interrogation is the 1st ebook to totally 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 other modes of arrest, interrogation, and detention. those issues elevate critical questions on the morality of maintaining secrets and techniques and the diversities among nation energy at domestic and in another country. considerate attention of those matters leads Skerker to precise coverage strategies for legislation enforcement, army, and intelligence professionals.

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I will argue politically legitimate actions are those to which inhabitants cannot rationally dissent. By “dissent,” I mean the rejection of some state of affairs through critique. I do not mean disobedience, withdrawal of fealty, or other, more general relational state of affairs. ” This is an assertion made in a context that makes the speaker’s stated or implied goals contrary to the actual end states his proposed actions will likely bring about. ” Kant’s moral and ethical restrictions turn on practical self-contradictions.

Rights violations per se are most relevant to our subject of police powers, but even material infringements are relevant to a state’s police powers since conflicts over inadvertent infringements could easily escalate into violence without an impartial referee. Any successful exercise of a right presupposes an absence of effective violations to that right to the extent that it is exercised for the relevant time period. 7 He would not have been able to jog around the park had someone stolen his sneakers, much less assaulted or kidnapped him.

This chapter will address the rights to privacy and silence, and chapter 4, the privilege against compelled self-incrimination, often invoked by liberal political theorists and common-law jurists in reference to criminal investigation and interrogation. I will not be arguing that rights to privacy and silence and a privilege against self-incrimination are logically necessary entailments of a particular liberal notion of citizenship. ) 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.

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An Ethics of Interrogation by Michael Skerker

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