Running head: HOMELAND SECURITY 410 - FINAL PROJECT
Provide a synopsis of the article written by Professor Alan Dershowitz. Then identify and describe the critical issues addressed in the article. In your paper, thoroughly discuss and evaluate the following concepts: the ticking time bomb hypothesis; Dershowitz's comments regarding Jeremy Bentham as well as his comments about Voltaire's views; and the three ways to deal with the use of torture in the ticking time bomb situation, as stated by the Israeli government-appointed commission of the late 1980s. As part of the discussion about the commission's conclusions, include Dershowitz's "fourth road."
After the September 11, 2001 terrorist attack
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He discussed the Fifth Amendment and how it prohibits compelled self-incrimination; therefore if torture is used to obtain information from an individual, the statements made by that suspect during the time of torture cannot be introduced as evidence. Furthermore, he discussed the “due process” clauses of the Fifth and Fourteenth Amendments and indicated that it is another barrier to be encountered if immunity is offered to a defendant but they are still tortured. After identifying the road blocks of the Constitution, Dershowitz examined legal steps that can be done if torture as a technique has to be the resort to elicit information in dire circumstances. In reality torture although inhumane is a “tactical interrogation” technique that sometimes works. The use of this method in the past has proven to be helpful in preventing terrorist from harming civilians. Dershowitz continued to investigate ways that can challenge methods that would violate core liberties and human rights. During some lectures in Israel he researched issues in the case of the “ticking time bomb” scenario which is an experiment that has been used in the ethics debate over whether torture can ever be justified. The argument in this case is that nations, even those that legally disallow torture, can justify its use if they have a terrorist in custody that