Torture

Torture: Not the Answer

In America's criminal justice system, we follow the legal guideline of "innocent until proven guilty". However, there have been questions as to whether or not immediate torture should be integrated into our already complex crime tactics. Torture is never justified in any way because it completely contradicts the "innocent until proven guilty" rule, it is not guaranteed to achieve its intended purpose and it also leaves its victims with long-term psychological and physical effects. The Sixth Amendment claims that a person that is being accused of a crime has the right to a trial by jury before any further actions regarding their punishment are implemented.

According to the UN Declaration of Protection from Torture, torture is any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted by or at the instigation of a public official 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 (Forrest 5). Punishment by torture dates back further than the early 1900's and is still used in some countries around the world as a primary crime deterrent. Its physical effects are very graphic ranging from a suspect being covered in bruises to even death. Victims are sometimes placed in cells with gaping wounds on their bodies that fail to heal because the ankle-deep sewage that infests the room settles inside of their flesh. Direct hits to the body and certain kinds of restraints have damaged the nerves of many and caused paralysis in several others (Forrest 114-116).

Some physical effects of torture are not visible. However, this does not negate the fact that a person has been affected by it. Beatings have the potential of causing the victim's body to release such quantities of muscle breakdown products into the bloodstream which can cause kidney failure, fatal unless promptly treated by dialysis. Many survivors complain long afterwards of indigestion, headaches, backaches and lung damage (Forrest 116).

Along with the physical aspects, psychological problems also commonly accompany the after-effects of torture. Victims suffer from post-traumatic stress and often develop fears that they never had prior to the devastating experience. Anxiety, poor concentration, bad memory, sleeplessness, depression, suicidal thoughts and panic attacks are all present on the list of possible disorders resulting from torture but not only does this effect the person that it happened to but also their families and friends. Numerous incidents involve a victim suddenly disappearing and not being permitted any contact with those whom they love. Moms, children, brothers and sisters are brought into a state of mourning until the victim returns or is proven dead (Forrest 120).

Many government officials argue strongly about the conditions that have to be present in order for torture to be justifiable. One main point that official Oren Gross brought up was the "ticking bomb" scenario. This is a case in which a suspect holds information regarding a bomb that is in a place that compromises the lives of many others if detonated. He stated that:

"Ð'...to deny the use of preventive interrogational torture in such circumstances may be as cold hearted and immoral as it is to permit torture in the first place. It is cold hearted because, in true catastrophic cases, the failure to use preventive interrogational torture will result in the death of innocent people. Upholding the rights of the suspect will negate the rights, including the very fundamental right to life, of innocent victims.

Although this is a seemingly valid