Enteebee said:
If torture was an effective tool for getting information out of people that could save lives, it might be more acceptable. Most people believe it is an effective tool - Maybe it is in some cases?
withoutaface said:
You reach a threshold at which point any good information is cancelled out by the amount of false confessions.
Yes but obviously the main issue is that it's impossible to regulate it because it's ethically dubious.
It's (relative to this) easy for common law to regulate some things that have no legislatory guides; reasonable person tests, use of common sense, drawing from society, and all that crap.
But when it comes to torture, how would you set arbitrary guidelines? 'A person may come to a level 5 amount of harm if it results in 5 people not coming to death. Two people may come to a level 6 amount of harm...'? The case is that common sense just can't apply in a lot of probable hypothetical situations, and society rightly condemns torture.
Torture will end up being used as a quick-check of innocence, rather than a source of information, even when, as you said, confessions are frequently tainted anyway. It's obviously a slippery area of ethics and I think the best solution is simply to never go there - as we've seen with this guy who got picked up at Blacktown, even a remotely bad investigation can seriously screw up the case.