Question 1

Why does Dershowitz discuss the present practice of imprisoning witnesses who refuse to testify?

Accepted Answer

Dershowitz discusses the practice to illustrate that society already accepts some level of discomfort or pain being inflicted on innocent individuals (in this case, imprisonment of non-compliant witnesses) to gain valuable information, thereby challenging the absolute stance against using pressure on the innocent in any context.

Question 2

Why does Dershowitz discuss our acceptance of the practice of shooting fleeing felons?

Accepted Answer

Dershowitz discusses our acceptance of the practice of shooting fleeing felons to illustrate that society already accepts practices that are more harmful than nonlethal torture if they are used to save lives, thereby challenging the consistency of arguments against the use of torture in extreme situations.

Question 3

What, according to Dershowitz, is the primary source of the public's irrational revulsion to nonlethal torture?

Accepted Answer

Dershowitz argues that the public's irrational revulsion to nonlethal torture is primarily due to the association of torture with extreme cases where it precedes death, rather than viewing it as a separate and potentially less harmful method of obtaining information.

Question 4

What role does Dershowitz's discussion of the case of the 9/11 conspirator Zacarias Moussaoui play in his argument for the establishment of a program for torture warrants?

Accepted Answer

Dershowitz uses the case of Zacarias Moussaoui to argue that a formalized torture warrant system would offer better legal protections and oversight for terror suspects than the existing ad hoc practices, thereby potentially safeguarding their rights more effectively.

Question 5

Which of the following, according to Dershowitz, constitutes a good test of whether an action should be performed?

Accepted Answer

Dershowitz argues that a good test for whether an action should be performed is whether we are prepared to have the action disclosed after it has taken place. This emphasizes transparency and accountability.

Question 6

Which of the following is not explicitly stressed by Dershowitz as belonging to the set of values that must be balanced in potential responses to ticking bomb scenarios?

Accepted Answer

Dershowitz emphasizes the importance of balancing safety and security, civil liberties and human rights, and open accountability in discussions about responses to ticking bomb scenarios. Multiculturalism and diversity, while important values, are not explicitly stressed by him in this context.

Question 7

Which of the following claims could be inferred from Dershowitz's claim that it is far worse on a purely rational basis to shoot and kill a fleeing felon than it is to torture a terror suspect?

Accepted Answer

Dershowitz's claim suggests that death is a more severe and irreversible consequence compared to torture, which implies that death is a greater evil than inflicting pain.

Question 8

According to Dershowitz, torture is sometimes, but not always, an effective measure.

Accepted Answer

Alan Dershowitz has argued that while torture should not be legal, in extreme "ticking bomb" scenarios, it might be used effectively under strict regulations and with a warrant, indicating he believes it can sometimes be an effective measure.

Question 9

According to Dershowitz, although torture is sometimes necessary, we should not change our current laws to accommodate the practice.

Accepted Answer

The answer of According to Dershowitz, although torture is sometimes...

Question 10

According to Dershowitz, the rights of a torture subject would be better protected were there to be a legal procedure for torture, such as a torture warrant.

Accepted Answer

Dershowitz has argued that if there were a legal procedure in place for torture, such as a torture warrant, it would provide a framework that could offer better protection for the rights of a torture subject, as opposed to unregulated or secret torture practices. This controversial stance is based on the premise that if torture is going to occur, regulating it could provide safeguards against abuse.

Question 11

Dershowitz argues that whereas formally regulated torture would create a precedent for torture, an "off-the-books" secret system of torture would not.

Accepted Answer

Dershowitz argues for a system of regulated torture through court-issued "torture warrants" to prevent the use of torture from becoming an unregulated, secret practice, which he believes would be worse.

Question 12

According to Dershowitz, certainty of a suspect's foreknowledge of a terrorist plot should be an inherent requirement for the use of torture.

Accepted Answer

The answer of According to Dershowitz, certainty of a suspect's...

Question 13

Dershowitz argues that opposition to nonlethal torture is based in part on the nonrational association of nonlethal torture with famous incidents of lethal torture.

Accepted Answer

Alan Dershowitz has indeed argued that part of the opposition to nonlethal forms of torture stems from an irrational association with historical instances of lethal torture, suggesting that this emotional response can cloud judgment on the matter.

Question 14

According to Dershowitz, it is far worse on a purely rational basis to shoot a fleeing felon than it is to employ nonlethal torture methods against a terrorism suspect.

Accepted Answer

Dershowitz argues that on a rational basis, employing nonlethal torture methods against a terrorism suspect, under certain conditions and with oversight, could be considered more justifiable than shooting a fleeing felon, as the former could potentially prevent greater harm (e.g., saving lives in a ticking bomb scenario) while the latter may not prevent imminent danger.

Question 15

According to Dershowitz, one of the chief problems with a formal, public, and centralized system of torture is that it would likely be more difficult to end than an "under-the-radar" informal system.

Accepted Answer

The answer of According to Dershowitz, one of the chief...

Question 16

Dershowitz argues that requiring judicial authorization for torture would result in fewer instances of torture.

Accepted Answer

Dershowitz argues that by requiring judicial warrants for torture, it would create a legal framework that could potentially limit the use of torture to only the most extreme cases, thereby reducing its overall occurrence.

Question 17

According to Dershowitz, there is a significant danger that judges might abuse a system of torture warrants and issue warrants without cause.

Accepted Answer

The answer of According to Dershowitz, there is a significant...

Question 18

In your own words, state Dershowitz's main conclusion in "Should the Ticking Bomb Terrorist Be Tortured" and summarize his main argument for that conclusion.

Accepted Answer

The answer of In your own words, state Dershowitz's main...

Question 19

What, according to Dershowitz, are the relevant similarities between the decision to torture a terror suspect and the decision to shoot down a hijacked airliner? Explain in your own words how Dershowitz uses these similarities to support the conclusion that there ought to exist an institutionalized public system for the issuance of "torture warrants."

Accepted Answer

The answer of What, according to Dershowitz, are the relevant...

Question 20

Why, according to Dershowitz, would the rights or a torture victim be better protected were torture to be institutionalized?

Accepted Answer

The answer of Why, according to Dershowitz, would the rights...

Quiz 13: Aristotle's Ethics: Exploring Virtue and Justice