If you're a prosecutor, and you believe the defendant is guilty, you only talk about ultimate truth, but not intermediate truth. If you're the defense attorney, you care deeply about intermediate truth, but you tend to neglect ultimate truth.
We, the People of this country, have no unalienable rights... all our rights are subject to modification... the Constitution of the United States of America is nothing more than a piece of paper and... our government should not be restrained by the Constitution because our government can do good things for people.
I don't think the law exists to arrive at the truth. If it did, we wouldn't have exclusionary rules, we wouldn't have presumptions of innocence, we wouldn't have proof beyond reasonable doubt. There's an enormous difference between the role of truth in law and the role of truth in science. In law, truth is one among many goals.
If torture is going to be administered as a last resort in the ticking-bomb case, to save enormous numbers of lives, it ought to be done openly, with accountability, with approval by the president of the United States or by a Supreme Court justice.
All speech should be presumed to be protected by the Constitution, and a heavy burden should be placed on those who would censor to demonstrate with relative certainty that the speech at issue, if not censored, would lead to irremediable and immediate serious harm.
We all learn in school that the judicial, legislative and executive branches of government must check and balance each other. But other non state institutions must participate in this important system of checks and balances as well. These checking institutions include the academy, the media, religious institutions and NGOs.
The defendant wants to hide the truth because he's generally guilty. The defense attorney's job is to make sure the jury does not arrive at that truth.
It simply cannot be disputed that for decades the Palestinian leadership was more interested in there not being a Jewish state than in there being a Palestinian state.
Everybody says they're opposed to torture. But everyone would do it personally if they knew it could save the life of a kidnapped child who had only two hours of oxygen left before death. And it would be the right thing to do.
We live in an age where there is both more expression and more self-censorship than existed even a decade ago. Alas, laws have immunized internet carriers from many of the usual rules that govern public dialogue. Rights must always stay ahead of technology to assure that constitutional protections apply to all forms of communication.