Is torture ever justified? Torture has always been one of the most debatable topics in many countries and law convention. Some say that it is morally wrong to use torture and it is a fact that many laws of various countries prohibited torture in their prisons. However, is it always wrong? It is a fact that many countries still use torture in interrogation, but they keep it in secret. If it is morally wrong, then why did the government the people who should be the example for the citizens to follow do that? In this essay, there are two main arguments to why torture should be legalized which are: Torture is an effective way to gather information and it is better to regulate the use of torture instead of prohibiting it. Firstly, torture is an effective information gathering device. It was stated in the book “Torture: When the unthinkable is morally permissible” of Mirko Bagaric and Julie Clarke that “Human have an intense desire to avoid pain, no matter how short term and most will comply with the demands of a torturer to avoid pain."( Bagaric, M. & Clarke, J, 2007). Sometimes, even the threat of torture alone would make the criminal cooperate with the interrogator. Professor Alan Dershowitz the renowned civil libertarian and law professor at Harvard University, has also been a supporter for the legalization of torture. Professor Dershowitz cited a kidnapping case in Germany in which the son of a banker was kidnapped. The boy was missing for three days and even though the police caught one of the kidnappers red-handed after seeing him collecting the …show more content…
It has its use if it can be used in the right hand and in the right ways. Of course, using torture as the first solution is not recommended, but it can be used as the last resort in information gathering process and in situations require it to prevent harm. In short, torture should be legally, but limitedly used in laws for its
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
David Figueroa Eng. 101A Professor Stern 4/20/15 Final draft In conclusion, in discussions of torture, one controversial issue has been on the use of it. On one hand, the people against torture argue that it is cruel and unusual punishment. On the other hand, those for torture argue that it should be used for the greater good. Others even maintain that under extreme circumstances, it may be admissible if it can save American lives. My own view is that no one should be subjected to cruel punishment because it is not only illegal, unreliable, ineffective, time consuming, it also has too many flaws that could potentially ruin innocent lives. The definition of torture is any act, whether physical or emotional, or maybe both, is intentionally subjected to a specific individual or a group for many reasons. Most of these reasons that torture is administered is for extracting information from an individual or just for punishing him/her for a crime that he/she has committed or is suspected of committing. The use of torture can be used to intimidate a person to give information that may be beneficial for a nation. The use of torture has been used for many centuries. The purposes of using torture have changed over the years as well as the methods in which a person is tortured. One crucial piece that has been established that separates us human beings from barbarians is the prohibition of using torture. There are many reasons why torture has been deemed a crime now in society. There are
In contrast, some individuals may debate that torture and even some more minuscule forms of torture can be beneficial to obtaining the information needed. It is debated that torture has been used in a large portion of political systems in history, and that the “degree” of torture is a significant component when deciphering right vs. wrong. Moher argues that in a political system where torture is justifiable and legal, the torture used would be less extreme than what it is today (Moher, 2013). It is reasoned that different degrees of torture are more acceptable than others, in that some are less psychologically and physically harming. A
There are different laws over all countries that control by every government in the world. For those who is a criminal or a prisoner, their country’s government has different laws of punishment to punish them. Torture is one of them. The function of torture is to force someone to say something and as a punishment. Torture is unacceptable which I disagree on which it is an action of inhumanly.
Torture has been a sensitive subject in our government and among the people of the US. The article “Torture is Wrong-But it Might Work” Bloche about how even though torture is not moral to some, it can still provide effective results because of advanced techniques and psychological studies. He goes on to say that many believe it is effective but others will say it does not provide adequate results in interrogation efforts. Senators such as John McCain (R-Ariz.) believe it does not help at all; however, other government officials, such as former attorney general Michael Mukasey and former vice president Dick Cheney, believe it does (Bloche 115).
The War on Terror has produced several different viewpoints on the utilization of torture and its effectiveness as a means to elicit information. A main argument has been supplied that torture is ineffective in its purpose to gather information from the victim. The usefulness of torture has been questioned because prisoners might use false information to elude their torturers, which has occurred in previous cases of torture. It has also been supposed that torture is necessary in order to use the information to save many lives. Torture has been compared to civil disobedience. In addition, the argument has been raised that torture is immoral and inhumane. Lastly, Some say that the acts are not even regarded as torture.
Every single person in America today grew up with the belief that torture is morally wrong. Popular culture, religious point of views, and every other form of culture for many decades has taught that it is a wrongdoing. But is torture really a wrong act to do? To examine the act of torture as either a means or an end we must inquire about whether torture is a means towards justice and therefore morally permissible to practice torture on certain occasions. “Three issues dominate the debates over the morality of torture: (1) Does torture work? (2) Is torture ever morally acceptable? And (3) What should be the state’s policy regarding the use of torture?” (Vaughn, 605). Torture “is the intentional inflicting of severe pain or suffering on people to punish or intimidate them or to extract information from them” (Vaughn, 604). The thought of torture can be a means of promoting justice by using both the Utilitarian view and the Aristotelian view. Using John Stuart Mills concept of utilitarianism, he focuses on the greatest happiness principle which helps us understand his perspective on torture and whether he believes it is acceptable to do so, and Aristotle uses the method of virtue of ethics to helps us better understand if he is for torture. The term torture shall be determined by exploring both philosophers’ definition of justice, what comprises a “just” act, what is considered “unjust”, and then determined if it would be accepted by, or condemned by either of these two
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
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.
Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him, or a third person, information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. (85)
Torture is not a new ethical dilemma, because torture has been practiced throughout human history and in different cultures. Now, however, the Geneva Convention and other modern norms suggest that human beings should not resort to using torture. Torture is becoming taboo as a method of intelligence gathering, which is why the methods used during the Iraq war were decried. However, the ethical case can be made for torture. If torturing one human being leads to information that could save the lives of a thousand, torture suddenly seems like a sensible method. This is a utilitarian perspective on torture, which many people find palatable. However, there are problems with this method of thinking about torture. The state-sanctioned use of torture creates a normative framework in which torture becomes acceptable. Torture sends the wrong message about what a free, open, and enlightened society should be. Even if torture is only acceptable in extreme circumstances, as with a suspect who might know something about an impending terrorist attack, who decides when and what type of torture should be used? There is too much potential for abuse of the moral loophole with regards to torture. If the United States hopes to be a role model, then torture cannot fit into its intelligence methods.
Is there a case for torture? Throughout the world for many centuries torture has been a highly debated and very controversial topic. It all started in Greece when slaves would get tortured to collect evidence for trials, crimes against the state, and treason. Not long after, the Roman Catholic Church and the Nazis’ began to use torture as well. During this time witnesses noticed what was going on and did not agree with it but had no way of stopping it. All across the world, a group of nations came together to make an agreement in opposition to torture. Not all nations were agreeing to not allow torture in their country, yet the majority of countries did agree. Even today it is hard to make the whole world agree to not doing something but making these agreements allow individual countries to comprise a support system. Many public figures and educators have made their opinion public but it has not yet evoked a change in the agreements originally set by the Geneva Convention. Torture is still today a very controversial topic with compelling arguments for both sides of whether to torture or to not.
The United States has been, and may again be, under terrorist threat and attacks or other similar incidents. Torture can be used to prevent these terrible incidents and save the lives of many people. Torture in the United States has been a debatable subject for many years now but after resent tragedies, the idea of torture of many American citizens has changed. It has also been debated over more after the attacks on September 9, 2001 than any other time in American history. Many fight the legalization of torture for moral and civil reasons but the truth is that torture is a lesser evil that can be used for a greater good.
Torture can be a useful tool. Many times torture is used to gather information that is needed to secure the country’s freedom from threats. By using torture, citizens have been protected from possible attacks, just like when Osama Bin Laden was captured. Torture can also act as a deterrent
The United Nations defines torture as any act by which severe physical or mental pain or suffering is intentionally inflicted on a person for such purposes as obtaining information or a confession, or punishing a person for an act that he is suspected of having committed. Torture also includes intimidating or coercing a person for any reason based on discrimination of any kind when a person acting in an official capacity inflicts pain or suffering (Convention Against Torture para. 2). Although some people believe that torture is acceptable, in reality it is neither an acceptable nor a reliable method for obtaining information and should not be continued.