Pub Date : 2020-01-16DOI: 10.1093/oso/9780190097523.003.0007
R. Bull, Asbjørn Rachlew
In many places throughout world, suspects (and sometimes witnesses and victims) are still interrogated in a coercive, pressurizing manner. The beliefs underlying such practices are examined in this chapter, as is the emerging body of research on offenders’ opinions about effective interviewing, which actually supports the efficacy of a more humanitarian approach. A seismic shift away from coercive interrogation that seminally commenced in 1992 in England and Wales—involving the “PEACE” investigative interviewing approach—is described, together with the research that underpinned this (then novel) method. Later scientific work in the United Kingdom on its effectiveness is then presented and discussed. After these studies are reviewed, more recent research from various countries are put forward that have also found a rapport-based, humane approach to be effective. Building on this emerging science, a number of investigative organizations in a variety of countries have replaced coercive interrogation techniques with investigative interviewing (e.g., the Norwegian Police and the New Zealand Police), and a greater number are in the process of doing the same. The Norwegian Police experience is exemplary on this point, and will be described in detail. The chapter will then conclude with an account of the recent United Nations initiative to establish a Universal Protocol that adopts this type of non-coercive approach based on study and practice.
{"title":"Investigative Interviewing","authors":"R. Bull, Asbjørn Rachlew","doi":"10.1093/oso/9780190097523.003.0007","DOIUrl":"https://doi.org/10.1093/oso/9780190097523.003.0007","url":null,"abstract":"In many places throughout world, suspects (and sometimes witnesses and victims) are still interrogated in a coercive, pressurizing manner. The beliefs underlying such practices are examined in this chapter, as is the emerging body of research on offenders’ opinions about effective interviewing, which actually supports the efficacy of a more humanitarian approach. A seismic shift away from coercive interrogation that seminally commenced in 1992 in England and Wales—involving the “PEACE” investigative interviewing approach—is described, together with the research that underpinned this (then novel) method. Later scientific work in the United Kingdom on its effectiveness is then presented and discussed. After these studies are reviewed, more recent research from various countries are put forward that have also found a rapport-based, humane approach to be effective. Building on this emerging science, a number of investigative organizations in a variety of countries have replaced coercive interrogation techniques with investigative interviewing (e.g., the Norwegian Police and the New Zealand Police), and a greater number are in the process of doing the same. The Norwegian Police experience is exemplary on this point, and will be described in detail. The chapter will then conclude with an account of the recent United Nations initiative to establish a Universal Protocol that adopts this type of non-coercive approach based on study and practice.","PeriodicalId":244138,"journal":{"name":"Interrogation and Torture","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128487460","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-16DOI: 10.1093/oso/9780190097523.003.0003
D. Luban, Kay Newell
This chapter analyzes the interrogation program employed by the CIA on high-value detainees (the so-called Rendition, Detention, and Interrogation or RDI program), and argues that it constitutes mental torture under U.S. law. By extension, the argument applies to any use of similar interrogation methods. Specifically, we show through detailed textual and historical analysis that the RDI program of inducing “learned helplessness” violates the Torture Acts’ prohibition on inflicting prolonged mental harm by procedures “calculated to disrupt profoundly the human personality.” The chapter accomplishes four main things. First, it demonstrates a connection between the RDI program and previous decades’ interrogation research sponsored by the CIA. The program was not an improvisation devised by contract psychologists because the Agency lacked expertise (one of its public claims). Second, it demonstrates that the Torture Statute prohibits the methods devised through this research. Third, it demonstrates the need for a fundamental shift in the way both lawyers and commentators talk about the RDI program: de-emphasizing the short list of “enhanced interrogation techniques” approved in the well-known “torture memos,” and emphasizing instead the larger program of round-the-clock abuse aiming at personality disruption. Finally, it documents these claims with information mined from tens of thousands of pages of declassified government sources.
{"title":"Personality Disruption as Mental Torture","authors":"D. Luban, Kay Newell","doi":"10.1093/oso/9780190097523.003.0003","DOIUrl":"https://doi.org/10.1093/oso/9780190097523.003.0003","url":null,"abstract":"This chapter analyzes the interrogation program employed by the CIA on high-value detainees (the so-called Rendition, Detention, and Interrogation or RDI program), and argues that it constitutes mental torture under U.S. law. By extension, the argument applies to any use of similar interrogation methods. Specifically, we show through detailed textual and historical analysis that the RDI program of inducing “learned helplessness” violates the Torture Acts’ prohibition on inflicting prolonged mental harm by procedures “calculated to disrupt profoundly the human personality.” The chapter accomplishes four main things. First, it demonstrates a connection between the RDI program and previous decades’ interrogation research sponsored by the CIA. The program was not an improvisation devised by contract psychologists because the Agency lacked expertise (one of its public claims). Second, it demonstrates that the Torture Statute prohibits the methods devised through this research. Third, it demonstrates the need for a fundamental shift in the way both lawyers and commentators talk about the RDI program: de-emphasizing the short list of “enhanced interrogation techniques” approved in the well-known “torture memos,” and emphasizing instead the larger program of round-the-clock abuse aiming at personality disruption. Finally, it documents these claims with information mined from tens of thousands of pages of declassified government sources.","PeriodicalId":244138,"journal":{"name":"Interrogation and Torture","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132183464","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-16DOI: 10.1093/oso/9780190097523.003.0022
Alberto Mora
The U.S. policy to adopt torture1 as an interrogation technique after the 9/11 attacks had a relatively short life span, yet it was deeply corrosive to the national interest and continues to be.2 First adopted by the administration of President George W. Bush in the summer of 2002, it was formally terminated by an executive order signed by President Barrack Obama on January 22, 2009, his second day in office. The actual official ...
9/11恐怖袭击后，美国采用刑讯逼供作为审讯手段的政策出现的时间相对较短，但它对国家利益产生了严重的损害，而且这种损害将继续存在该法案于2002年夏天由乔治·w·布什(George W. Bush)政府首次通过，并于2009年1月22日，即奥巴马总统上任第二天签署的行政命令正式终止。实际的官方…
{"title":"Afterword","authors":"Alberto Mora","doi":"10.1093/oso/9780190097523.003.0022","DOIUrl":"https://doi.org/10.1093/oso/9780190097523.003.0022","url":null,"abstract":"The U.S. policy to adopt torture1 as an interrogation technique after the 9/11 attacks had a relatively short life span, yet it was deeply corrosive to the national interest and continues to be.2 First adopted by the administration of President George W. Bush in the summer of 2002, it was formally terminated by an executive order signed by President Barrack Obama on January 22, 2009, his second day in office. The actual official ...","PeriodicalId":244138,"journal":{"name":"Interrogation and Torture","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116887301","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：