Evidence gained from torture: Wishful thinking, checkability, and extreme circumstances

Cardozo Journal of International and Comparative Law 17:281-290 (2009)
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"Does torture work?" is a factual rather than ethical or legal question. But legal and ethical discussions of torture should be informed by knowledge of the answer to the factual question of the reliability of torture as an interrogation technique. The question as to whether torture works should be asked before that of its legal admissibility—if it is not useful to interrogators, there is no point considering its legality in court.

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James Franklin
University of New South Wales


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