The use of torture as an interrogation method sparks many legal and ethical concerns. How can you authorize the infliction of physical violence onto a human being in order to gain information? As humans in Canada, we have basic human rights outlined in the Canadian Charter of Rights and Freedoms. According to this charter, under the rule of law “Everyone has the right to not be subjected to any cruel and unusual treatment or punishment” (Section 12). Torture falls under the category of cruel and unusual punishment, however circumstance can sway the attitude towards the use of torture. The most prevalent example in society, as well as the one used in the article “The Torture Debate” by Philip Rumney and Martin O’Boyle is terrorism. Based on the information presented in the article I agree that a legalized torture system should be developed under specific …show more content…
Automatically you will have the majority of the population against this idea. However when you add the intent behind the torture, which, in this case is to prevent acts of terrorism. The term “terrorism” is added to the equation, this term has an equally horrific image associated with it. This will have some people re-thinking their assumptions of torture under these specific circumstances. With reference to authors’ arguments against torture, it may be true that legitimizing this system may cause slippage and mistakes to be made. However these mistakes can be prevented to the full extent of the law. There must be conditions that make unauthorized, and over-excessive torture illegal; violators will be prosecuted in the same way police are tried for brutality. In saying this I agree with Eric Posner, a proponent of the legalized torture system, in the sense that torture should be treated like any other form of evil that exists in our laws today (Rumney, O’Boyle,
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
Torture is known as the intentional infliction of either physical or psychological harm for the purpose of gaining something – typically information – from the subject for the benefit of the inflictor. Normal human morality would typically argue that this is a wrongful and horrendous act. On the contrary, to deal with the “war on terrorism” torture has begun to work its way towards being an accepted plan of action against terrorism targeting the United States. Terroristic acts perpetrate anger in individuals throughout the United States, so torture has migrated to being considered as a viable form of action through a blind eye. Suspect terrorists arguably have basic human rights and should not be put through such psychologically and physically damaging circumstances.
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.
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
Torture has long been a controversial issue in the battle against terrorism. Especially, the catastrophic incident of September 11, 2001 has once again brought the issue into debate, and this time with more rage than ever before. Even until today, the debate over should we or should we not use torture interrogation to obtain information from terrorists has never died down. Many questions were brought up: Does the method go against the law of human rights? Does it help prevent more terrorist attacks? Should it be made visible by law? It is undeniable that the use of torture interrogation surely brings up a lot of problems as well as criticism. One of the biggest problems is that if torture is effective at all. There are
According to Jessica Wolfendale, the author of the article “Training Torture: A Critique of the Ticking Bomb Argument,” “We have every reason to doubt that military and political authorities will use torture only in extreme cases” (Wolfendale 270). In other words, she states that if torture becomes acceptable, the government will find different ways to apply it to everyone with no exceptions or restrictions to achieve a goal. My interpretation of Wolfendale’s statements is that an individual has the right to question and demand answers. She is right to assume that torture is not going to stop in extreme cases. I agree with her view that it will get out of hand, because the government seem to look for new ways to apply laws.
The definition of torture is perceived differently to every person. In this dispute, the two opposing sides are generally immovable. Many claim that it is not an effective tool, it is downright wrong, and it just does not work, while the other side claims the opposite. The argument “The Gray Zone: Defining Torture” by Barry Gewen examines the controversial issues that erupt from the touchy topic of torture. Gewen writes a successful and persuasive argument for his favorable position towards torture as an effective mean for gathering information and halting life-threatening situations which he does through his use of strong premises, logos, and ethos, building him a credible and structurally sound argument.
In the United States legal system, torture is currently defined as “an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control.” as defined by Office of the Law Revision Counsel, U.S. House of Representatives (US Code, 1) Though this is a seemingly black and white definition, the conditional “…other than pain or suffering incidental to lawful sanctions…” have led many to question what precisely this entails. In other words, what are the lawful sanctions that permit such acts? Are they ethically right? Where is the line drawn as torture
People’s imaginations start to go wild when they hear the word torture. However, there are enhanced interrogation techniques that are more humane than others. Waterboarding, for example, simulates the effect of drowning and is highly recommended by people such as former Vice President Dick Cheney (Defrank). It is highly unpleasant, but breaks no bones and leaves no bruises. It also exposes those performing the interrogation to lesser psychological strain than other methods that could be used would. Torture is accused of being a cancer in society, but if regulated and reserved for the “especially” bad guys, societal homeostasis would be maintained.
In today’s world, the military is not the only weapon nations utilize in times of war. Information is just as critical in the wars of strategy and advanced warfare. In the war against terrorism, where the enemy has no uniform or a specific nation to fight. In the war against terrorism, where sleeper cells live within the innocent civilians and strike fear from the inside out. The more the world advances in technology and warfare, information becomes more powerful than weapons of mass destruction. This is why nations spend billions of dollars every year. The CIA in the United States, the SVR in Russia, CIRO in Japan…the list goes on. All these are intelligence agencies used to gather information and secrets on foreign nations, whether they are allies or enemies makes no difference. Knowledge is the light in darkness to those agencies. What they cannot gather from clandestine operations, are gathered by extreme force. Force and pressure is applied by a very ancient and famous tool called torture. Because torture is outlawed in almost all nations, captured suspects are sent to special locations such as Guantanamo Bay Detention Camp (where laws do not apply to on foreign soil) to extract information from people by force. Hundreds of years ago, human rights did not exist. Killing and torturing was just a norm; but today, it is a very different world we live in where life, liberty, and happiness are
The authorities argue that a difference exists between torture and inhumane treatment, especially going by the motives behind use of torture, which is not always the case (Bakalar, 2007). However, a critical analysis of the two shows slight differences since torture can be argued to be inhumane treatment in different circumstances. In most cases, torture is perceived to be inhumane when it leads to long-term mental problems among the victims. However, subjection to torture even in the short term has serious consequences such as post-traumatic stress disorder, which is an equally justification of its qualification as part of inhumane treatment. Additionally, the constitution highlights some of the basic rights that ought to be respected although
In this article, Andrew Sullivan, is an advocate for the abolition of torture against terrorist in the United States. During the time that this article was written, the McCain Amendment (which banned torture) was on a political limbo. What this author talks mostly about is the choice that we have to make things right, therefore ban the use of torture against terrorist. This debate takes place after Bush administration defined "torture" and permitted coercive, physical abuse of enemy combatants if "military necessity" demands it. Also after several reports found severe abuse of detainees in Afghanistan and elsewhere that has led to at least two dozen deaths during interrogation, secret torture sites in Eastern Europe and innocent detainees being murdered.