Torture may be a justifiable technique in ticking bomb cases, but these are too improbable to call for a relaxation of the prohibition on torture. Torture is mostly used without justification and the collateral costs of giving it official approval are too great. However, there should be a discretion to admit torture-obtained evidence in criminal prosecutions. Admission need not be taken as expressing approval of torture, and exclusion places too great an obstacle in the path of criminal justice.
Monday, February 8, 2010
Hamer: The Admissibility of Torture-Obtained Evidence
David A. Hamer (Univ. of Sydney - Law) has posted The Admissibility of Torture-Obtained Evidence. Here's the abstract:
