The Big Question: U.S. torture techniques as means of interrogation.
It is undeniable that the police and the military continue to use torture techniquesas a means of getting information. In many cases, their acts are justified because the information is valuable and the reason was to prevent the loss of innocent lives. The question remains, is it right to inflict pain on people just as a means to get information? Logic says “the end does not justify the means” and just because a person refuses to divulge valuable information is not a reason for the police or the military to use torture to get that information. Whatever the reasons are, torture techniques is a violation of human rights.
In the United States torture is considered a crime. Law enforcement and intelligence officers who resort to torture are prosecuted and jailed because it is against the law. For the police and military, the use of torture techniques, such as waterboarding is necessary to get much needed information which they believe would help protect an individual or groups from bodily harm or death but they have to do it in secret in order to avoid prosecution. Dershowitz (2007) has a positive stand on torture. Although he agrees torture is a violation of human rights, he believes that the law should give considerations to the weight of the reasons that justify the reasonableness of the act. He cites a Court of Appeals case decided in 1984 wherein certain police officers who tortured a kidnapper into disclosing the location of his victim were not prosecuted but were in fact commended by the court for having acted in a reasonable manner.
According to Dershowitz, if the police consider it necessary to use torture in order to protect lives, an act which is considered justifiable under extreme circumstances, then there is no need for them to do it in secret. He stressed that it is important that those in the government keep everything “on the books” and that their every actions must be done within the bounds of the law. Although the police officers acted in a reasonable manner, what they did was a culpable violation of the law.
Dershowitz suggested a judicial system that would authorize the issuance of a torture warrant that will make torture under extreme circumstances legal. Such a system is expected to reduce the amount of torture to be conducted because it will create accountability on the part of the police and intelligence officers. It will put on public record all torture warrants issued and will subject all actions to check and balance. (2007)
Many people may agree with Professor Dershowitz proposition of legalizing torture techniques and citing accountability to reduce the events of torture.
Many other people will also find ways to justify this act. This writer believes that nobody has ever any right to inflict pain on any person. Resorting to torture is a shortcut, the easy way to get the information. The government, police or military cannot be given this license to use torture, regardless of their reasons, or the gravity of the situation. The civilians are already at the mercy of the military and the police because they are capable of using their guns and force on innocent people. Only the law can control them from the abuse and our protection. Torture should never be legalized.
Reference
Dershowitz, Alan J. (2007) “Torture: Is It Ever Justifiable?” Current Issues and Enduring Questions: A Guide to Critical Thinking and Argument With Readings. Barnet Sylvan and Hugo Bedau. 8th Edition. pp. 806-808
http://www.essaylandia.com http://www.suppressedminds.com
- Related Videos
- Related Articles
- Ask / Related Q&A
- The Big Question: U.S. torture techniques as means of interrogation
- Economic Justice and Democratization of Economy to Create Ideal Society
- A Challenge to the Reputation of a Nation
- LET US KILL ALL THE LAWYERS
- How Post-slave Psychology and Afrocentricity are Joining With Colonialism to Undermine Black Africa's Cultural Integrity
- CUSTODIAL VIOLENCE (An enquiry into its causes)
- Covert War on Rock by Alex Constantine Summary
- JESUS THE ISRAELI MESSIAH. Part One




How to get a Pardon in Canada - Step 3
By: Jared Church | 08/11/2009The third step in getting a Canadian pardon is to obtain your local police records checks.
How to get a pardon in Canada - Step 2
By: Jared Church | 07/11/2009If you have not already done so, the first step in obtaining your pardon is to have your fingerprints taken and to obtain a certified copy of your criminal record from the RCMP Identification Services in Ottawa Now you will need to obtain your court documents and proof of convictions in order to move forward with your pardon application.
5 Keys for Choosing a Criminal Lawyer
By: Micah | 06/11/2009If you’re lucky, you have gone through life without needing the assistance of a criminal lawyer. But sometimes the unexpected happens and you may suddenly find yourself in a situation that requires you to defend charges brought against you. In such situations, it’s important you find representation that will fight as hard for your rights and freedom as you will.
Access to Stark County Court Records
By: subramani | 06/11/2009Information about Access to Stark County Court Records
How Long Does A Felony Stay On Your Record?
By: subramani | 06/11/2009Information about how long does a felony stay on your record
Benefits of the Broward County Public Records
By: subramani | 06/11/2009Information about Benefits of the Broward County Public Records
How A DUI Attorney Can Help You With Your DUI Case
By: Colin Daives | 06/11/2009Far too many people believe they can muddle their way through a court system on their own after they've been arrested for suspicion of DUI. Court cases are complex and you cannot go it alone; make sure you hire yourself a DUI attorney.