#13
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Re: what is torture
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I think this is an underdiscussed point in regards to torture. Torture, or even enhanced interogation will obviously lead to bogus conffessions. [/ QUOTE ] You raise a correct observation, but it actually cuts in FAVOR of torture. Coerced confessions in the law enforcement context are prohibited precisely because they lead to wrongful convictions. This is basically the Supreme Court's reasoning for excluding so-called "coerced" statements. In the intelligence/anti-terrorism context, the risk of a "wrongful confession" is much less important, because securing a criminal conviction is not the purpose of the interrogation. The purpose of the interrogation is to obtain actionable intelligence. In the intelligence context, you should be less concerned about "punishing an innocent man" and more concerned about "obtaining information that can be acted upon to prevent terrorism." Thus, while torture in the law enforcement context is an abomination, it should be a necessary tool in the anti-terrorism context. |
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