Counterterrorism and the Comparative Law of Investigative Detention
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Table of Contents

List of Tables

ix

Foreword

xi

Preface

xv

Acknowledgments

xix

Chapter 1: Introduction

1

Background

2

Investigative Detention

5

The Comparison

7

Chapter 2: Investigative Detention and International Human Rights Law

9

The International Covenant on Civil and Political Rights

10

The European Convention on Human Rights

13

Human Rights and Investigative Detention

16

Conclusion

18

Chapter 3: The United States

19

Overview of the U.S. Criminal Justice System

20

The U.S. Experience and the U.S. Response

22

U.S. Law of Detention

26

Terrorism Under U.S. Law

66

The Use of U.S. Criminal Law in “Terrorist Detentions”

70

Conclusion

78

Chapter 4: The United Kingdom

81

An Overview of the Criminal Justice Systemin England and Wales

82

The United Kingdom's Experience and Response

85

English and Welsh Law of Detention

92

Detention in Remandm

102

Terrorism Under the Law of the United Kingdom

104

Terrorism and the U.K. Law of Detention

106

The Use of Detention in Counterterrorism

115

Implications of International Human Rights Law

116

Conclusion

119

Chapter 5: France

123

Overview of the French Criminal System

123

The French Experience and the French Response

128

Terrorism Under French Criminal Law

134

French Law of Detention

135

Counterterrorism Enhancements in theFrench Law of Detention

145

The Use of Detention in Counterterrorism

150

Implications on International Human Rights Law

151

Conclusion

154

Chapter 6: Conclusion

159

Existing U.S. Law in Direct Comparison

163

Is Legislative Modification Really Needed?

170

Possible Modifications of U.S. Law

171

Conclusion

181

Notes

185

Appendix: Tables of Proposed Legislative Language

223

Bibliography

229

Index

245