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Re: liberals and torture by Nemonemini 13 February 2003 18:19 UTC |
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Using impeccable scholarship and the most rigorous logic, the distinguished
Harvard legal scholar has demonstrated that nothing in the US Constitution
forbids the use of torture. In interviews with the American media,
Dershowitz has noted that while the Fifth Amendment prohibits
self-incrimination, that means only that statements elicited by torture
cannot be used as evidence against the person who has been tortured. It does
not prohibit torture itself. Neither does the Eighth Amendment, since the
ban on "cruel and unusual punishments" applies only after an individual has
been convicted. The belief that torture is unconstitutional in America may
be widespread, but it is a fallacy - the product of rudimentary errors in
legal reasoning.
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