Drazen Erdemovic Case Analysis

Torture is something that is known as wrong internationally. Torture is “deliberate, systematic or wanton infliction of physical or mental suffering by one or more persons acting on the orders of authority, to force a person to yield information, to confess, or any other reason” (World Medical Association, 1975, pg.1). There is a general consensus that there is a right to be free from any kind of torture as it can be found in many different human rights treaties around the world. The treaties show that all of the thoughts about torture are pointing away from the right to torture someone no matter what the case

In both of these situations, Levin appeals to the emotion of fear to justify using torture for the greater good, even if it defies a person’s constitutional rights. Presenting the case of millions of lives terrorized by an atomic bomb threat, Levin claims torture is the only resolution if, somehow, the terrorist “is caught [two hours before detonation], but … won’t disclose where the bomb is” (Levin). The author defends torture in this hyperbolic and unrealistic example to set a precedent for the justification of more realistic cases involving more modest numbers. He uses a flawed and weak

The United Nations is strongly against the use of the death penalty. UN Secretary-General Ban Ki-moon remarked “capital punishment has no place in the 21st century”. The ICCPR(International Covenant on Civil and Political RIghts) has already petitioned for a ban of the death penalty’s practice, however, it states that in certain circumstances use of capital punishment is considered acceptable.

The coercion and torturing captured terrorist is needed to protect national security in the war against terrorism. There are numerous justifications why the coercion or torture of terrorist is normally a lesser evil than the preventable mass murder of innocent victims (Slater, Summer 2006).

An example of duress is having one party forcing another party to sign a contract at gunpoint. In the case Kreet v Sampir duress was used by Ms Kreet’s father as he claimed that he would have her boyfriend’s mother and sisters kidnapped and

People have relaized that, “[l]aw enforcement agents have offered the suspects the prospect of lighter sentences, money, jobs, and a new identity and life in the United States for them and their family members, but attempts to obtain information have failed”(Preface to “Is Police Brutality a Serious Problem?”, 2004). Some people have made conclusions that with all of these offers, it still is not enough to gather the information they are needing to save other people’s lives. People look at it as a ratio of one life to 100,000 lives. This allows people to justify the brutality used in these cases. In this case, “[i]n 1987 the Supreme Court of Israel outlawed these practices but left open the possibility that torture could be justified in "ticking bomb" situations—when obtaining information could save Israeli lives”(Preface to “Is Police Brutality a Serious Problem?”, 2004). A law was made allowing police to use excessive force, meaning these people did not understand the other ways to get information from someone. The fact that they thought it was so useful, it needed to be a law, really shows how some people do not value life. For instance, “[i]n America, skilled interrogators have generally concluded that the harsh practices associated with the third degree [torture] are less effective in obtaining truthful statements than psychologically oriented techniques

In conclusion, it has been demonstrated the social construction of the lawful and unlawful homicide by using the actions of the police officers in two different cases. In the Mark Duggan case, the lawfulness of the homicide was demonstrated by police officer complying with the theoretical outlooks of Beccaria and Durkheim (Williams, 2012). Protecting the people and their cultural biases, applying the punishment that straightens the social bonds as well as following laws and legislations despite of unwanted reaction in from of riots portray Mark Duggan’s killing as a lawful homicide (IPCC (a), 2015). However, if laws and legislations were not followed and actions were not aimed to protect people which led to a break in social bonds the reasonable

De'Azia's brother (unknown) father or grandfather (unknown) molested her two years ago. The father or grandfather touched De'Azia's vagina more than once. De'Azia told her mother (Ranodda) about what had happened. Ranodda did not believe De'Azia. Ranodda believed the father or grandfather. Ranodda allowed the father or grandfather to sleep in De'Azia's bedroom closet. The father/grandfather would come out of the closet when he wanted to touch De'Azia's vagina. The father or grandfather did not penetrate inside of De'Azia. The father or grandfather is in prison for molesting a little boy in Missouri. It is unknown have the father or grandfather been in Mississippi for De'Azia. It is unknown have this been reported the local law enforcement or CPS.

The applicability and validity of electronic signatures governed by UECA in Canadian case law will be demonstrated through Girouard v. Druet. In this case, Ms. Druet had offered her condominium for sale on Kijiji. She had named a price and conditions for Mr. Girouard in an email, and he countered with a lower price. Ms. Druet accepted the counteroffer, but later sent an email saying that she had decided not to sell at the agreed to price. Mr. Girouard asserted that she could not back out for they had a binding contract. One of the issues that the Court considered was whether the alleged agreement was invalid as failing to comply with the Statue of Frauds, which provides that no contract for the sale of land is enforceable unless the agreement

Bernando Tercero, a foreign national whose execution in Texas is scheduled for August 26, 2015 , will be added to the black list of Texas executed offenders . Tercero, a Nicaraguan sentenced to death, was not informed of his rights under the Vienna Convention Treaty to obtain consular assistance in his criminal case; instead, a local attorney was appointed to represent him. This attorney failed to investigate and submit mitigating circumstances for his trial. This is not an isolated case; the state of Texas continues to deprive foreign nationals of the rights guaranteed by the Convention.

The punishment cannot be degrading to human beings and that pain will always be the factor in these type of punishments. The Court realized that there are other means of cruel and unusual besides death, like expatriation, and the latter also is considered to be in violation of the Constitution as described in Tropp v Dulles (1958). Even the most serious

According to Patricia Smith’s article, Is torture ever justified, “According to the report, those methods included depriving detainees of sleep for up to a week; subjecting them to medical procedures such as ‘rectal rehydration’ that were painful, humiliating, and medically unnecessary; and telling them that they would be killed while in American custody. ‘Some of these techniques that were described were not only wrong,’ said Obama but also counterproductive because we know that oftentimes when somebody is being subjected to these kinds of techniques, that they're willing to say anything in order to alleviate the pain" (Smith). By telling these criminals that they’re going to be murdered while in custody scares them, they are so scared at times that they say what ever the interrogators might want to hear. Also they become hopeless if they know they’re going to die they let the torture happen to them and if they did plan attacks against America they’re not giving any of the information

…killing can lead to fear and insecurity in those who learn of the risk to their own lives, is transformed into a reason in favor of permitting killing, when people are killed only on their request. For then killing poses no threat.#

Due to him carefully planning it out, he is forced

The “dehumanization” of one’s victims does wonders to calm any qualms or misgivings an individual may experience about injuring another man. By evoking fear in the torturer and therefore, a sense of being threatened by a given enemy, the regime in power causes the torturer to feel obliged to defend against such a threat. Consequently, he will torture his fellow man to procure some valued piece of information and in doing so remove himself from a precarious position and subdue his enemies all at once. Such enemies are viewed as evil and little more than monsters. A victim is rarely referred to by his or her name or by any other humanizing characteristic, rather a victim is most often referred to as some base, nonhuman creature or beast.