Document Type

Article

Publication Date

2013

Abstract

This chapter in the book on transnational inquiries and the protection of fundamental rights in criminal proceedings takes into account the particular, and perhaps unique situation in the United States (US) following the terrorist attacks of 11 September 2001. It explores the laws regulating inquiries by foreign governments who seek evidence in the US to use in criminal proceedings overseas, but primarily the protections recognized by US statutes and jurisprudence when US officials gather evidence abroad. In this respect, the chapter focuses on protections during interrogations, searches, interceptions of confidential communications, and examinations of witnesses and explores when the protection differs, depending on whether the target of the investigative measure in the US, or a non US citizen, or whether the investigating officials are part of the criminal justice apparatus or belong to the military or the intelligence community. Finally, the chapter explores the admissibility of evidence gathered in the same areas, depending on whether it is used in the normal civilian criminal courts, or in the newly constituted military commissions instituted for trial of foreigners accused of international terrorism.

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