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, 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 expert statement on its ethical implications. relocating past the slender concentrate on torture that has characterised so much paintings at the topic, An Ethics of Interrogation is the 1st booklet to completely handle this advanced factor. In doing so Michael Skerker confronts a bunch of philosophical and felony matters, from the precise to privateness and the privilege opposed to forced self-incrimination to prisoner rights and the felony results of other modes of arrest, interrogation, and detention. those subject matters bring up severe questions on the morality of retaining secrets and techniques and the variations among country energy at domestic and overseas. considerate attention of those topics leads Skerker to precise coverage ideas for legislation enforcement, army, and intelligence professionals.

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Extra resources for An Ethics of Interrogation

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This chapter will argue that rights to privacy and silence do not extend to concealing criminal plots, which I will define as serious, practical plans for criminal activity. Criminal plotting would cede the plotter’s otherwise legitimate expectation that others defer to his rights to privacy and silence if plotting was as publicly obvious as is, say, assault. Suspicion that someone is criminally plotting gives another person the right to ask questions of the suspicious party that would otherwise be inappropriately intrusive.

For ease of exposition, I will from here on substitute “irrational” for “practically self-contradictory,” restricting the meaning of the former term to the sense of the latter. It follows that it is not irrational to dissent to police powers that are not oriented toward the equal protection of all inhabitants’ life and rights. This caveat creates both substantive and formal evaluative standards for police powers. If police powers are meant to protect inhabitants’ lives and rights, police actions detrimental to both are substantively out of bounds.

By “inhabitant” I mean a person who is currently inside the territory a government administers, be she a citizen, tourist, refugee, or legal or illegal alien. The focus on inhabitants rather than citizens will be explained below. Rational grounds for political critique are not connected with limits on a political right to free speech or duties regarding democratic discourse. People have the right to criticize anything they wish. Not much is at stake if people wish to make claims putting themselves into practical self-contradiction; they are simply being irrational or are simply mistaken (as to whether a particular law or policy is effective).

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An Ethics of Interrogation by Michael Skerker

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