Ticking Time Bomb Scenario - Views in Favor of Accepting Torture in Emergencies

Views in Favor of Accepting Torture in Emergencies

Alan Dershowitz, a prominent American defense attorney, surprised some observers by giving limited support to the idea that torture could be justified. He argued that human nature can lead to unregulated abuse "off the books". Therefore, it would be better if there were a regulated procedure through which an interrogator could request a "torture warrant" and that requiring a warrant would establish a paper trail of accountability. Torturers, and those who authorize torture, could be held to account for excesses. Dershowitz's suggested torture warrants, similar to search warrants and phone tap warrants, would spell out the limits on the techniques that interrogators may use, and the extent to which they may abridge a suspect's rights.

In September 2002, when reviewing Alan Dershowitz's book, Why Terrorism Works: Understanding the Threat, Responding to the Challenge, Richard Posner, a judge of the United States Court of Appeals for the Seventh Circuit, wrote in The New Republic, "If torture is the only means of obtaining the information necessary to prevent the detonation of a nuclear bomb in Times Square, torture should be used--and will be used--to obtain the information.... No one who doubts that this is the case should be in a position of responsibility."

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