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"dershowitz" - 1 õppematerjal

Law-makers breaking the law-torture as a justified interrogation technique
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Law-makers breaking the law: torture as a justified interrogation technique?

Thirdly, the culprit can be deterred, where it is possible that the desire to commit crimes still exists but the fear of doing so would be too great because the possibility by a certain punishment is too intimidating (Twinning, 1973). The punishment has to be accompanied by as much disadvantage as advantage. It also has to correspond to the preventive considerations. The severity of the punishment must be proportional to the damage the crime caused (Ibid.). Alan Dershowitz' (2002) vision states that the simple cost-efficiency analysis for resorting to illegal torture seems overbalanced: it is certainly better to inflict illegal pain to one guilty terrorist who is illegally holding back important information that could help us avoid a terrorist act than to allow a big amount of innocent people to die. Pain is a lesser and repairable damage than death; and the lives of a thousand innocent people

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