Law-makers breaking the law: torture as a justified interrogation technique?
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
have to be valued higher than the integrity of the body of one guilty person.
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