Wednesday, May 12, 2004

Bernstein's Hypothetical
The Volokh Conspiracy: "A terrorist conspiracy to detonate a nuclear device in Manhattan in three hours is revealed. An hour later, an FBI team raids a terrorist hideout on the Upper East Side. No bomb is found, but references to the bomb plot are quickly discovered. The terrorists refuse to talk. The FBI team uses every known measure of physical coercion to change their minds, until one of them finally breaks down and reveals that the bomb is hidden in the basement of the Empire State building. With minutes to spare, the bomb is found, and millions of lives are spared. The FBI team's reward? Jail, of course!--at least according to Crooked Timber's John Quiggin. By contrast, I'd give them a ticker tape parade."

He does, of course, go on to say that they should not be above the law, simply that the law should acquit them. But it's a good point, and well worth considering.

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