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:
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.