It is also a well-known fact that throughout the years since the attack on 9/11 United States government officials continued to deny that any of the approved “advanced interrogation techniques” constituted any form of torture, nor where they considered the exact replica, or equivalent to any known form of human torture procedures experienced by many people throughout the world.
The subsequent case study, prepared by James P. Pfiffner, Torture and Public Policy, (2010) analyzes the torture and abuse of war prisoners by United States military personnel in Abu Ghraib, Iraq, and Guantanamo Bay, Cuba, following photographs of the abuse spread around the world in the fall of 2003. Pfiffner points out that the United States Military, Secretary of State Donald Rumsfield, and President George W. Bush assumed a role in the events leading up to the exploitation, even though it has never been corroborated that President Bush or Secretary of State Rumsfield directly condoned the abuse.
With his article “The Case for Torture” Levin has made his readers think over what the differences between the death penalty and torture. Levin provides evidences and asks questions to lead his readers into forming their own opinion on whether torture is totally unacceptable in any situation or not. But it is clear by the end of the article where Levin stands on the topic of
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
The most valued documents in modern American society tend also to be the most heavily debated. For instance, interpretations of the United States Constitution tend to be rooted in one of two firmly entrenched beliefs;while the first camp believes it to be set in stone, the second his convinced that the United States Constitution is by nature a perpetually evolving document, meant to reflect the desires and needs of the people. Even amongst those in the same camp, disagreements abound; those believing that the Constitution is set in stone are divided on issues such as the eighth amendment’s prohibition of ‘cruel and unusual punishment’. It is difficult to reach a consensus on what, constitutes cruel and unusual punishment. For example, the concept of waterboarding is championed by many as a ‘humane’ form of torture which causes no physical harm. However, it was deemed a cruel and unusual punishment due to the sensations of drowning and symptoms of mental illness which it produced in its victims. It can therefore be inferred that physical injury is not the only factor to be considered in whether or not a practice is to be deemed inhumane; factors such as mental wellbeing and fitness of punishment must also be considered. This leads one to ponder how the concept of solitary confinement could possibly even be considered when it so clearly violates the protections which the eighth amendment provides.
The Eighth Amendment of the United States Constitution says, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The fundamental idea of torture is to inflict mental or physical pain onto a suspect to coerce them into revealing information we desire. This tactic is illegal because it violates the Constitution, and in addition, it violates international agreements that our nation has committed itself to. The general provisions of the Geneva Conference of 1949 prevent the use of torture in warfare; the document specifically outlaws “Outrages upon personal dignity, in particular humiliating or degrading treatment…” By violating these laws, particularly the Constitution, our nation
Many opinions have been historically perceived on modern debates about the moral principles of torture. Torture has been carried out or sanctioned by individuals, groups, and states throughout history from ancient times to modern day, and forms of torture can vary greatly in duration from only a few minutes to several days or longer. (Torture, 2016). Torture is the act of inflicting excruciating pain, as punishment or revenge, as means of getting a confession or information, or for sheer cruelty. (Torture, 2016). Now that we have an idea behind the meaning of torture, we need to know if it is ethical. Ethical can be described as fair, legitimate or moral. All and all, is torture the right thing to do? Let’s take a look at some of the reviews of those that are skilled professionals in discussing if it is just or permissible to use torture.
The Alien Tort Statute had been used a mere 21 times since the law was passed in 1789. The courts have upheld jurisdiction for only two of those cases. But the results of Filartiga v. Pena-Irala (1980) have changed everything. In this case the court upheld jurisdiction and finally found guilty a Paraguayan ex-police officer for torture and murder of Joelito Filartiga. Pena-Irala, the Paraguayan ex-officer, was about to be deported from the U.S. Filartiga’s family in America contacted human rights activist and lawyer Peter Weiss, requesting that he find some way to prosecute Pena-Irala before he was deported back to Paraguay where he would be safe from prosecution. Weiss had to be creative and be quick about it; only three days were left before the deportation.
A claim that prison officials used excessive force on an inmate and thereby inflicted cruel and unusual punishment in violation of the Eighth Amendment involves both objective and subjective elements. Stanley v. Hejirika, 134 F.2d 629, 634 (4th Cir. 1998). The objective element of the analysis requires a determination of whether the defendants’ actions offend contemporary standards of decency. Hudson v. McMillian, 503 U.S. 1, 8 (1992). To answer this question, the Court weighs the need for the application of the force, the relationship between the need for the use of force and the amount of force used, the extent of the injury inflicted, the extent of the threat to the safety of staff and inmates as reasonably perceived by the defendants and any efforts made to temper the severity of the use of force. Whitley
Justice Brennan concurred. It was argued that the cruel and unusual clause was not used properly and consistently. That the clause must evolve along side with the society and ever changing human standards. The clause prohibits “infliction of uncivilized and inhuman punishments” and the state, when punishing an individual must follow the basic human values and not exceed them (O`Brien, 1258).
In An Unbroken Agony, author Randall Robinson chronicles the history of Haiti from tragedy to triumph. Robinson, a social activist , founder and former president of TransAfrica, an organization of African Americans, that is used to promote constructive U.S policies toward Africa and the Caribbean. Randall Robinson is a distinguished scholar in residence at Penn State Law and Penn State’s School of International Affairs. He is co-producer, creator, and host of the public television human rights series World on Trial, which aims at bringing public awareness to important human rights issues and the international treaties that controls state conduct when dealing with human rights.
Haiti is described as the poorest country in the western hemisphere. Most people are not aware of Haiti's long history nor do they know the reasoning behind Haiti’s current state, when in fact, Haiti was once one of the richest countries in the western hemisphere. However, the international community has played a key role in continuously ensuring the destruction of Haiti's colonial wealth and creation and continuance of their suffering. “French colonialists brought hundreds of thousands of slaves from Africa, many of whom were literally worked to death. But in 1789, word of revolution in France made its way to the Caribbean colony” (Clemens, 2010).
Interrogational torture is one of the many tough ethical questions that people debate about in the United States. Is it right or is it wrong? Many believe that the United States does not practice intense interrogational acts such as torture. Many people have fought to abolish any form of torture while many fight to keep some forms of it to help keep the peace. Whether you believe in it or not, torture is and will always be an ethical dilemma that comes up.
I have many solutions to these problems that are hurting the people in Haiti itself. If the solution I have plan does not work, I will not give up, I’m determined to help this country and anything can happen. Since countries such as America still want more products from Haiti to sell and to make money, they can always plan to invade Haiti to get more resources that will benefit them from the country. I certainly do hope that I can connect with some detective and police officers and armies that will gladly help train the police force in Haiti to get them to be more confident and more experienced in order to be able to protect their country and their people from any kind of danger. I know my solutions will be successful on helping the people
In the United States, one of the major methods in obtaining crucial information has been through the use of Guantanamo Bay. While many have condemned of the torture that is believed to occur there, not only does Guantanamo Bay comply with national and international standards, but it also complies with Common Article 3 of the Geneva Conventions (Meese 1) which states