CRIM 335 Lecture Notes - Lecture 6: Fundamental Justice, Peremptory Norm, Innocent Victims
7 Sep 2016
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Unit 6 - should canada allow torture warrants for the. Canada: justified by need for information, justified by some compelling social good. He argues for a principled break a sharp line beyond which torture would not be tolerated: eg limit to convicted terrorists only (not their innocent family members) avoid slippery slope. Will rarely know for sure if the captured person is in fact a terrorist. Rare to know that suspect has information that police is seeking. To allow torture is to permit state to punish presumptively innocent people. Would prefer higher standard but rarely will be sufficient time in a ticking bomb" scenario. Police have been known to adopt tunnel vision , ignore evidence that may exculpate an accused, and only interpret available evidence that reassure their suspeicion about a suspect. They tend to conduct interrogations under a presumption of guilt, assuming they have the right man, or that their suspect holds the information being sought.
