Torture Policy Issue
Executive Summary
This report examines the ethical, legal, and practical considerations involved in the potential use of "enhanced interrogation" techniques on a suspected terrorist believed to be involved in a planned attack. The interrogation of a suspect believed to possess crucial information about the impending attack forms the crux of our examination. This report explores two fundamental policy options. The first involves authorizing the use of "enhanced interrogation" methods, which may accelerate information extraction but carries significant moral, legal, and reputational risks. The second option is upholding our existing policy prohibiting such methods, which safeguards our adherence to international law and human rights, but can be perceived as limiting in the face of a significant threat. After comprehensive analysis, our recommendation is to maintain the current policy against the use of "enhanced interrogation" techniques or torture.
Statement of the Issue/Problem
In the face of an impending terrorist attack that threatens both national security and civilian lives, we are confronted with an ethical, moral, and legal dilemma. We have a suspect in custody, who, according to credible intelligence, is linked to the planned attack and might possess vital information that could potentially prevent the event and save lives. However, this individual remains uncooperative despite standard interrogation methods. The pressing issue, thus, is to decide whether to employ "enhanced interrogation" techniquesa euphemism often used for practices that cross into torturein an attempt to extract critical information. This decision is fraught with complexity as it presents a conflict between the urgent need to protect citizens and the commitment to uphold the ethical, moral, and legal standards that define our nation (Dershowitz, 2002; Bufacchi & Arrigo, 2006; Luban, 2007).
Background of the Issue/Problem
The "ticking bomb" scenarioan imminent and catastrophic event with limited time for preventionhas long been a contentious subject across various disciplines including security, law, and ethics. It poses a serious challenge: should we employ any means necessary, including torture, to avert the impending disaster? (Dershowitz, 2002). This urgency is the defining aspect of the "ticking bomb" scenario and can potentially induce decision-making that infringes upon established ethical norms and legal statutes.
In this context, it's crucial to remember that the use of torture as a means for intelligence gathering is considered illegal under international law. The UN Convention Against Torture (UNCAT), to which our nation is a signatory, explicitly prohibits the use of torture in all circumstances. This prohibition reflects the global consensus that torture is morally abhorrent and a violation of fundamental human rights (Bufacchi & Arrigo, 2006).
Despite the desperate need to prevent the imminent attack and potentially save countless lives, employing torture would place us in breach of our legal obligations and tarnish our international reputation. Furthermore, as Luban (2007) argues, the acceptance of torture in even one exceptional case might set a dangerous precedent, normalizing such methods and leading to their misuse in future scenarios.
Navigating this dilemma, therefore, requires a careful balancing act between our commitment to ethics, human rights, and legality, and the pressing responsibility to protect our citizens from a dire threat.
Statement of the Organizations Interest in the Problem
As the National Security Council, our overarching mandate is to safeguard the nation, its citizenry, and its interests. Our work involves evaluating threats, both domestic and international, and formulating appropriate strategies to mitigate them. In the current situation, the immediate interest lies in preventing a devastating terrorist attack that could potentially claim many lives and destabilize our society.
Simultaneously, our responsibility extends beyond immediate security concerns. We're entrusted with preserving and promoting the values that constitute the very bedrock of our society, such as respect for human rights, the rule of law, and ethical behavior. Our country's international standing, moral integrity, and adherence to international law form an integral part...
…current policy that prohibits the use of torture or "enhanced interrogation" techniques. This recommendation is based on several key factors.Primarily, the use of "enhanced interrogation" techniques is a clear violation of human rights and international law, including the UN Convention Against Torture. While the imminent threat posed by the potential terrorist attack is deeply concerning, we must also consider the long-term implications of deviating from these fundamental principles (Bufacchi & Arrigo, 2006). Doing so could irreparably damage our national and international reputation, undermine our moral standing, and set a dangerous precedent for the acceptance of torture in crisis situations (Luban, 2007). Additionally, the effectiveness of "enhanced interrogation" is highly disputed. There's significant evidence suggesting that these techniques can lead to false or misleading information, as detainees may say anything to end their suffering (Dershowitz, 2002). This could result in misdirected resources and potentially exacerbate the danger. Instead, we recommend escalating all other available and lawful intelligence-gathering techniques. Enhanced surveillance, increased on-the-ground intelligence efforts, cooperation with international allies, and usage of advanced data analytics and predictive technologies should be aggressively pusued (Brayne, 2017). Furthermore, we advocate for intensifying emergency preparedness and public safety measures. Mobilizing first responders, informing the public about potential threats in a controlled manner, and implementing emergency evacuation and medical response plans may be crucial in minimizing damage in the event the attack is not prevented (Reeping et al., 2020).
This policy recommendation does not deny the severity of the imminent threat but rather addresses it within the parameters of our legal, ethical, and moral boundaries. It demonstrates that our commitment to human rights and the rule of law is not a weakness but a strength that can guide us even in the most challenging situations. This stance is ultimately a testament to our nation's values and the resilience of our security measures, reinforcing the notion that security and…
References
Brayne, S. (2017). Big data surveillance: The case of policing. American sociologicalreview, 82(5), 977-1008.
Dershowitz, A. M. (2002). Should the ticking bomb terrorist be tortured. In Why TerrorismWorks: Understanding the Threat, Responding to the Challenge (pp. 130-164).
Bufacchi, V., & Arrigo, J. M. (2006). Torture, terrorism, and the state: A refutation of the tickingbomb argument. Journal of Applied Philosophy, 23(3), 355-373.
Luban, D. (2007). Liberalism, torture and the ticking bomb. In S. Lee (Ed.), Intervention,Terrorism, and Torture: Contemporary Challenges to Just War Theory (pp. 261-282). Springer.
Reeping, P. M., Jacoby, S., Rajan, S., & Branas, C. C. (2020). Rapid response to mass shootings:A review and recommendations. Criminology & Public Policy, 19(1), 295-315.
Michael Crowe: A Case of Poor Interrogation Technique There is no single correct way to conduct an interrogation, just as there is no single correct way to write a novel or to design a building or to raise a child. However, there are certainly a number of incorrect ways to interrogate a subject, and the 2002 movie The Interrogation of Michael Crowe unfortunately demonstrates a number of them. "Unfortunately" because the
Despite the fact that there has been visible progress in the classification and documentation of different interrogation techniques, there is very little information about the manner in which police officers are trained and equipped with interrogation techniques and how often they apply various techniques (Cleary, H. M. D., & Warner, 2016). Little is also known about how the police officers employ the techniques with juveniles and with adults. This research
The Central Park Five case demonstrates some of the problems with police interrogation techniques, and also the policies and procedures applied to juveniles. In every case, law enforcement uses criminal interrogation as a primary means of data collection. However, the purpose of criminal interrogation is not necessarily as straightforward as it may seem. The use of criminal interrogations to elicit confessions often leads to the implementation of methods that are
These individuals are at risk of either confessing to crimes they did not commit or otherwise compromising their rights by virtue of inappropriate police interrogation techniques (Gudjonsson, 2003), a fact that has increasingly been recognized by the courts in their evaluation of the constitutionality of the interrogation methods that were used by police during their confinement preparatory for trial (Kinports, 2007). Conclusion Taken together, the research indicated that police interrogation remains
Once the suspect is "the accused," and the right to counsel has been attached, the suspect cannot be interrogated by any means, including by undercover officers or secretive means. Only when the suspect openly volunteers information and waives a lawyer, can information after he is "the accused" be used against him or her. This even applies when a suspect is out of jail on bail awaiting trial. These methods
.. information or a confession, punishing him for an act he... has committed or is suspected of having committed, or intimidating or coercing him (qtd. "United Nations"). The effects of the Abu Gharib scandal, and the other interrogation concerns coming from Guantanamo Bay, led to the recently passed Military Commissions Act, which further clarifies the United States' position on the use of alternative interrogation methods and what is and is not
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