Investigative Interviewing and Human Rights in the War on Terrorism (From Investigative Interviewing: Rights, Research, Regulation, P 3-22, 2006, Tom Williamson, ed. -- See NCJ-214231)

• NCJ Number: 214232
• Author(s): Tom Williamson
• Date Published: 2006
• Length: 20 pages
• Sale Source: Willan Publishing
• Publication Format: Book Chapter
• Publication Type: Legislation/Policy Analysis; Issue Overview
• Language: English
• Country: United States of America

Annotation

This chapter contrasts an emerging 21st-century risk model for dealing with international security threats with a 19th-century criminal justice model designed to operate within the borders of a nation-state and draws implications for human rights and investigative interviewing under the two models.

Abstract

The security risks posed by international terrorism and transnational organized crime can have such devastating consequences for large numbers of people that aggressive intelligence-gathering and the proactive disruption of terrorist and criminal networks (21st-century risk model) have assumed a priority equal to if not exceeding investigative work and case-processing following the commission of a crime (19th-century criminal justice model). Much of the proactive effort to counter international security threats, particularly terrorist threats, has been done through military operations, civilian and military intelligence agencies, and even private contractors operating outside the United States. Whereas the criminal justice model for countering security threats and criminal offenses within national borders has evolved in concert with human rights protections for criminal suspects and offenders, the human rights standards for the 21st-century risk model are less defined, particularly when applied in jurisdictions outside the United States. There have been accusations of physical torture; psychological abuse; indeterminate periods of custody without trial or due process; and the application of military, wartime standards of justice against presumed "enemies" of a state. This chapter argues that both models suffer from fundamental weaknesses in the level of skills, knowledge, and strategies regarding how to elicit information from people. Skilled investigative interviewing--not torture or degrading, inhumane treatment--is more effective in producing reliable information sought under either model. Under both models, there is a critical need for more research and training in interview and interrogation techniques most likely to produce reliable information. 35 references