Torture! Torture!
I think it was in The Black Cat that Boris Karloff's character gleefully screamed, "Torture! Torture!" while tormenting old foe Bela Lugosi and two hapless travelers in his futuristic Deco mansion.
Alan Dershowitz might have offered Karloff a warrant:
To Torture or Not to Torture
Dershowitz's inevitability argument raises interesting questions:
Since it will occur anyway, should we have warrants for murder-for-hire? (One could argue that we already do)
Since it will occur anyway, should we have warrants for organ harvesting?
Since it will occur anyway, should we have warrants for child pornography?
Cross-posted from TMCPAC
Alan Dershowitz might have offered Karloff a warrant:
To Torture or Not to Torture
(Dershowitz) accepted — and more important, said most Americans accepted — the fact that there might be times when torture was a legitimate tool of interrogation. At the same time, as a seasoned defense attorney, he was all too aware of the danger of police abuse; he didn’t want to give governments — perhaps this government in particular — a blank check. So he came up with the concept of torture warrants, which would work much the way search warrants do now, requiring judicial oversight. Torture would be allowed, but brought within the confines of the legal system. The idea seemed outlandish in 2002. Maybe today, when torture is no longer the abstract issue it seemed to be six years ago, many of his readers will find it less outlandish.
Even those who believe in an absolute prohibition against torture would be well advised to ponder the legal paradigm shift that Dershowitz says has occurred and that so worries him. If torture is inevitably going to take place in a preventive state, should we be content to allow it to exist outside the law? At the end of his new book, Dershowitz warns: “We need to develop a jurisprudence for the emerging preventive state. … Black holes in the law are anathema to democracy, accountability, human rights and the rule of law.”
Dershowitz's inevitability argument raises interesting questions:
Since it will occur anyway, should we have warrants for murder-for-hire? (One could argue that we already do)
Since it will occur anyway, should we have warrants for organ harvesting?
Since it will occur anyway, should we have warrants for child pornography?
Cross-posted from TMCPAC

