Professor Dershowitz (among others) have suggested that the ethical arguments against torture may be outweighed where: (1) the magnitude of harm at issue is great enough, (2) the suspect is known to be in possession of the information necessary to neutralize that harm, and (3) the use of torture is absolutely restricted to those cases. The ethical justification is that in the modern age of, biological, chemical, and nuclear weapons of mass destruction (WMD), the safety of millions of civilians threatened by the use of WMDs outweighs any moral obligation to a single individual involved in such attacks (Dershowitz, 2002).
In such cases, a judicial authorization of a torture warrant is appropriate, pursuant to the satisfaction of common principles and criteria (i.e. probable cause), simply because any moral concern for the...
Whereas judicial decisions are more likely to concern substantive matters of law and definitions of legal concepts, legislative adjustments generally reflect social consensus, particularly over large spans of time. Admittedly, political access and the relative ability of specific individuals, communities, and entities to generate legislative changes beneficial to them are not, in any sense, equal when viewed from the microcosmic perspective. Nevertheless, over time, changes in the American criminal
" (Merillat, 2006). In addition, the classification system does not determine a convict's housing. As a result, convicted murderers are often exposed to other prisoners in general population, who have been convicted of non-violent offenses. For example, mass murderers Abdelkrim Belachheb and Elmer Wayne Henley were both housed in general population when they were sent to prison. (Merillat, 2006). The reality is that when the prosecutor makes the decision to charge
At the 66% and 60% of federal and state releases respectively, it spells a doom to the justice system and the society at large. There are several arguments that have been put forth as to why the release of defendants keeps climbing each day. The one factor that stands out when the idea of bail is brought up is the lack of capacity and space for the federal and state
Criminal Justice Policy Issue One of the increasing major concerns in the field of criminal justice is the rising fear of crime in public by juvenile violence, also known as 'youth violence'. This paper would discuss a selected journal article that is based on this issue and would highlight its key findings, issues, recommendations and the summary based on the discussion of the chosen issue. The article chosen on the selected issue
Human smuggling is a huge problem with an obvious domestic impact; the size of illegal immigrant population in the United States demonstrates how pervasive the problem is. However, it is not the size of the problem that is the most alarming; in an age of global terrorism, human smuggling provides a method for terrorists to enter a country undetected. The fact that so many non-terrorists use the same means
.....abuse and/or neglect of children and the elderly is a major issue in the American criminal justice system because of increased prevalence of such cases. However, getting accurate information regarding the extent of child and elder abuse is increasingly challenging in the United States. Some of the major issues contributing to this problem include the fact that most child and elder abuse cases are not reported, misreporting of these cases,
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