Civil Liberties | The Use of Torture May Be Justified in Certain Circumstances

About the author: Alan M. Dershowitz is a Harvard law professor and the author of Shouting Fire: Civil Liberties in a Turbulent Age.

The FBI’s frustration over its inability to get material witnesses to talk has raised a disturbing question rarely debated in this country: When, if ever, is it justified to resort to unconventional techniques such as truth serum, moderate physical pressure and outright torture?

The constitutional answer to this question may surprise people who are not familiar with the current U.S. Supreme Court interpretation of the 5th Amendment...

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