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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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Interrogations in the History of American Criminal Law: Adding Historical Perspective from an Examination of African American Interrogations in the Deep South

Interrogations in the History of American Criminal Law: Adding Historical Perspective from an Examination of African American Interrogations in the Deep South

Chapter:
(p.45) CHAPTER 4 Interrogations in the History of American Criminal Law: Adding Historical Perspective from an Examination of African American Interrogations in the Deep South
Source:
Constitutional Limits on Coercive Interrogation
Author(s):

Amos N. Guiora

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195340310.003.0004

Based on similarities between the current treatment of detainees and African Americans in the Deep South, the constitutional standards established by the Supreme Court are germane regarding the current armed conflict short of war. The starting point is the “Bram-Brown” progeny, which examines the Supreme Court's extension of constitutional protections in response to interrogations of African American suspects imprisoned in the Deep South. Those detained by law enforcement officials were predominately poor, illiterate African Americans subjected to threats, cumulative mistreatment, and additional interrogation methods that violated Constitutional safeguards. Such treatment continued until the Supreme Court mandated the extension of Fifth and Fourteenth Amendment protections to this previously unprotected class. Similarly, the detainees in Guantanamo Bay are typically poor, do not speak the language of their surroundings, have little or no access to attorneys, and are subject to threats and abuses from detaining authorities.

Keywords:   lynching, Wickersham Commission, Bram v. United States, Brown v. Mississippi, prisoner abuse, Supreme Court, Geneva Convention, totality of the circumstances, Ashcraft v Tennessee, White v. Texas

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