Dershowitz

• ticking time bomb case
• the real question

torture warrants

• 1. nonleathal
• 2. harm reduction
• 3. accountability
• 4. slippery sloop
• 5. preventive measure not incriminating measure
• 6. limits the use makes it hard to do

ticking time bomb case

• terrorist has info
• won't give it up
• Torture, if it means info will be gotten?
• everyone would agree there is an obligation to torture

The Real Question

• it is not whether torture would be used — it would — but whether it would be used outside of the law or within the law.
• Israel uses "lawful torture" which means that information gathered from torture can't be used as confession of guilt in court
• its soul function is to stop terrorist attacks

Torture Warrant

• judge should issue torture warrant to make it lawful -
• limited the methods to particular nonlethal means
• restore some accountability, rather than hiding the act
• opponents say -this is a slippery slope
• legitimizing torture in one case opens the door for it to be used in other contexts such as…
• supporters say -it does the opposite - it limits the use of torture to cases approved by the judge
• institutionalizing its use in an open and transparent manner