The Admissibility of Torture-Obtained Evidence

International Law Reporter, May 8, 2010

Sydney Law School Research Paper No. 10/19

21 Pages Posted: 4 Feb 2010

See all articles by David A. Hamer

David A. Hamer

The University of Sydney Law School

Date Written: February 4, 2010

Abstract

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

Hamer, David A., The Admissibility of Torture-Obtained Evidence (February 4, 2010). International Law Reporter, May 8, 2010; Sydney Law School Research Paper No. 10/19. Available at SSRN: https://ssrn.com/abstract=1548183

David A. Hamer (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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