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But the Norfolk Four confessed, under what their lawyers said was coercive questioning from Detective Robert Glenn Ford.
The issue has taken on a partisan coloring especially since President Obama condemned waterboarding as torture and banned coercive questioning in 2009.
People can essentially be held without contact with the outside world, may lose the right to silence and may be subject to coercive questioning.
He then successfully sued the police for, among other things, subjecting him to coercive questioning after failing to read him the Miranda warnings or to respect his imprecise but unmistakable invocation of his Miranda rights.
Such tactics leak details to innocent suspects who use them to cobble together seemingly credible confessions after their wills have been broken by hours of coercive questioning.
4 March Lula's properties are raided, and the former president is taken in for "coercive questioning".
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In its ruling last Term in Salinas v Texas, the Supreme Court further eroded what little remains of the Fifth Amendment jurisprudence protecting against coercive police questioning of suspects.
For them there is a better way to combat terrorism, by using physically non-coercive questioning of suspects and civilian courts or military courts-martial to try and punish jihadists.
After months of questioning in coercive conditions, Mr Rasul admitted meeting Osama bin Laden and Mohammed Atta, one of the September 11 hijackers, in Afghanistan in 2000.
Much as the court wisely concluded 34 years ago, the Miranda warnings are an important safeguard for protecting the Fifth Amendment's privilege against self-incrimination in the coercive atmosphere of police questioning.
Earlier charges against the detainee, Mohammed al-Qahtani, were dismissed without explanation by a military official in May and there had been speculation that the Pentagon had accepted the argument that coercive techniques used in questioning him would undermine any trial.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com