Discuss the ethical implications of preventive detention and interrogation tactics with your classmates.
With policing (both military and civilian) and the War on Terrorism as a background, are and or should the ethical restrictions to law enforcement be different when dealing with suspected terrorists than that which is established when dealing with American citizens (such as the use of water-boarding) …or are the ethical considerations different.
Full Answer Section
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- Human Rights: It infringes on fundamental human rights, including the right to liberty and security.
- Effectiveness: There are serious questions about the effectiveness of preventive detention in preventing terrorism. It can breed resentment and radicalization.
- Slippery Slope: Where do we draw the line? If preventive detention is acceptable for suspected terrorists, could it be extended to other groups?
Ethical Implications of Interrogation Tactics:
- Coercive Techniques:
- Tactics like sleep deprivation, sensory overload, and psychological manipulation raise serious ethical concerns.
- Torture: Techniques like waterboarding are unequivocally considered torture and violate international law.
- Ethical Concerns:
- Human Dignity: Torture and coercive interrogation violate the inherent dignity of the individual.
- Reliability of Information: Information obtained through torture is often unreliable, as individuals may provide false confessions to stop the suffering.
- Moral Injury: Those who participate in or witness torture can suffer lasting psychological trauma.
- International Law: Torture is prohibited by international treaties, including the Convention Against Torture.
- Reputation: The use of torture damages a nations reputation.
Distinctions Between Suspected Terrorists and American Citizens:
- Legal Framework:
- American citizens are protected by the U.S. Constitution, including the Bill of Rights.
- The legal status of suspected terrorists detained outside the U.S. is a complex and contested issue.
- International Law: International humanitarian law, such as the Geneva Conventions, applies to armed conflicts and the treatment of prisoners of war.
- Ethical Considerations:
- Some argue that the threat of terrorism justifies the use of extraordinary measures, even if they violate traditional ethical norms.
- Others maintain that fundamental human rights are universal and should not be compromised, regardless of the perceived threat.
- The Slippery Slope Argument: If we allow the use of torture or other unethical tactics against suspected terrorists, it creates a dangerous precedent that could be extended to other groups, including American citizens.
- The nature of the threat: Some would argue that a threat to the existence of a nation, changes the ethical rules.
- Waterboarding:
- Waterboarding is considered torture and is illegal under U.S. and international law.
- There is no ethical justification for its use.
- The argument that information gained from it, has saved lives, is countered by the fact that information gained from torture is unreliable.
Key Points:
- There is no easy answer to these complex ethical questions.
- It is crucial to balance national security concerns with the protection of human rights.
- The use of torture and other unethical tactics undermines the rule of law and damages the moral authority of a nation.
- It is important to remember that ethical standards should not be situational.
- It is vital to have open and honest discussions about these issues.
It's important to have these discussions in an open and respectful way, acknowledging the complexity of the issues and the diversity of perspectives.
Sample Answer
This is a complex and highly debated area of ethics, particularly within the context of law enforcement and national security. Let's break down the ethical implications of preventive detention and interrogation tactics, and then address the distinctions between dealing with suspected terrorists and American citizens.
Ethical Implications of Preventive Detention:
- Definition:
- Preventive detention involves holding individuals without charge or trial, based on the belief that they pose a future threat.
- Ethical Concerns:
- Due Process Violations: It directly conflicts with the presumption of innocence and the right to a fair trial.
- Potential for Abuse: It opens the door to arbitrary detention and the targeting of individuals based on suspicion rather than evidence.