The Admissibility of Torture-Obtained Evidence
International Law Reporter, May 8, 2010
21 Pages Posted: 4 Feb 2010
Date Written: February 4, 2010
Torture may be a justifiable technique in ticking bomb cases, but these are too improbable to call for a relaxation of the prohibition on torture. Torture is mostly used without justification and the collateral costs of giving it official approval are too great. However, there should be a discretion to admit torture-obtained evidence in criminal prosecutions. Admission need not be taken as expressing approval of torture, and exclusion places too great an obstacle in the path of criminal justice.
Keywords: Torture, illegally-obtained evidence, admissibility, exclusionary rule, fourth amendment, consequentialism
JEL Classification: K10, K30, K41, K42
Suggested Citation: Suggested Citation