By Benjamin Wittes

ISBN-10: 0815704917

ISBN-13: 9780815704911

ISBN-10: 0815725450

ISBN-13: 9780815725459

"Our present stalemate over detention serves nobody—not the army or the other element of the U.S. govt that has to function overseas.... it's a approach that no rational mix of values or strategic concerns could have produced; it might probably have emerged purely on account of a conflict of pursuits that produced a transparent victory for nobody."—from the Introduction

Benjamin Wittes matters a persuasive demand better coherence, readability, and public candor from the yankee govt concerning its detention coverage and practices, and bigger citizen expertise of an analogous. In Detention and Denial, he illustrates how U.S. detention coverage is a tangle of obfuscation instead of a major set of ethical and criminal judgements. faraway from sprucing concentration and defining transparent parameters for motion, it sends combined signs, muddies the criminal and army waters, and produces perverse incentives. Its random operation makes a mockery of the human rights matters that triggered the constrained quantity of felony scrutiny that detention has bought up to now. the govt. may very well be portray itself right into a nook, leaving itself not able to give an explanation for or justify activities it could actually have to take up the long run. the placement is unsustainable and needs to be addressed.

Preventive detention is a sensitive topic, a simple objective for eager-to-please applicants and angry media, so public officers stay principally mum at the factor. Many american citizens will be stunned to profit that no huge precept in American jurisprudence really prohibits preventive detention; relatively, the legislations "eschews it other than whilst legislatures and courts deem it essential to hinder grave public harm." however the habeas corpus criminal situations that experience pop out of the Guantánamo Bay detentionfacility—which is still open, regardless of renowned expectancies to the contrary—have addressed just a small slice of the general factor and feature not—and will not—produce a coherent physique of policy.

U.S. executive and protection forces want transparent and constant program in their detention regulations, and american citizens has to be greater knowledgeable approximately them. hence, Wittes reviews America's present muddled detention rules and units forth a detention coverage in keeping with candor. it'll set transparent ideas and distinguish various kinds of detention, in line with features of the detainees themselves instead of the place they have been captured. Congress could keep on with steps to "devise a coherent coverage to manage the U.S. method of detention, a approach that the rustic can't stay away from developing."

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Detention and Denial: The Case for Candor after Guantánamo by Benjamin Wittes

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