http://www.law.harvard.edu/faculty/dershowitz/Articles/torturewarrants.html"Actually it was a rebirth, because half a millennium ago torture warrants were part of the law of Great Britain. They could be sought only in cases involving grave threats to the Crown or the Empire and were granted in about one case a year. Judges even in those times, were extremely reluctant to authorize the thumb screw.
Why then should we even think about returning to an old practice that was abolished in England many years ago. The reason is because if we ever did have a ticking bomb case - - especially a ticking nuclear bomb case - - law enforcement officials would in fact resort to physical force, even torture, as a last resort. In speaking to numerous audiences since September 11th - - audiences reflecting the entire breadth of the political and ideological spectrum - - I have asked for a show of hands as to how many would favor the use of non-lethal torture in an actual ticking bomb case. The vast majority of audience members responded in the affirmative. So have law enforcement officials to whom I have spoken. If it is true that torture would in fact be used in such a case, then the important question becomes: is it better to have such torture done under the table, off the books and below the radar screen - - or in full view, with accountability and as part of our legal system? This is a very difficult question with powerful arguments on both sides. On the one hand, we have had experience with off the book policies such as President Nixon’s “plumbers” and Oliver North’s “foreign policy initiatives”. In a democracy, accountability and visibility must be given high priorities. On the other hand, to legitimate torture and make it part of our legal system, even in extreme cases, risks reversion to a bad old time when torture was routine."