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Constitutional Limits on Coercive Interrogation$
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Amos N. Guiora

Print publication date: 2008

Print ISBN-13: 9780195340310

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195340310.001.0001

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Application of the Hybrid Paradigm

Application of the Hybrid Paradigm

Chapter:
(p.33) CHAPTER 3 Application of the Hybrid Paradigm
Source:
Constitutional Limits on Coercive Interrogation
Author(s):

Amos N. Guiora

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195340310.003.0003

One clear assertion of this book is that the present system of interrogations and detainee status requires our collective and immediate attention. To that end, the hybrid paradigm was created. Although not a perfect solution to a complicated problem, the hybrid paradigm proposes an alternative that addresses the dilemma of how to balance legitimate civil and political rights of the individual with the equally legitimate national security rights of the state. Accordingly, the detainee held by the US in Guantanamo Bay and similar facilities will be granted certain constitutional rights, in particular those based on the Fifth, Eighth, and Fourteenth Amendments. The operative words in this chapter are granting certain rights to non-Americans held by the United States outside the United States. Such an analysis facilitates an examination of whether the proposal sufficiently protects the rights of those it presumes are a constitutionally protected class.

Keywords:   administrative detentions, Israeli High Court of Justice, classified information, Israeli legal process, Marwan Barghouti, Supreme Court, In Re Guantanamo Bay Detainees

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