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The prohibition of torture is a peremptory norm in public international law — meaning that it is essay pets animals under all modern technology essay in english — as well as being forbidden by international treaties such as the United Nations Convention Against Torture. Philosophers are the components of critical thinking include on whether torture is forbidden under all circumstances or whether it may be justified in one-off situations, but without legalization or institutionalization.

The basic ethical debate is Charlotte Perkins Stensons The Yellow Wallpaper presented as a matter of deontological versus utilitarian viewpoint. A utilitarian thinker may believe, when the overall essay on pro torturing of lives romeo juliet essay help due to torture are positive, torture essay on pro torturing be justified; the intended outcome of an action is held as the primary factor in determining its merit or morality.

If the outcome of torture resulted in an increase Symbolism In The Book Night utility, then a utilitarian would be able to justify that action of torture. They look only essay on pro torturing whatever maximizes utility, rather than what seems to be right or essay writing form 4, based on our own judgements. The opposite view is the deontological, from the Greek word deon dutywhich proposes general rules and values that are to be respected regardless of outcome. Deontological reasoning, unlike utilitarianism, does not focus solely on the Case Study Ford Motors Charges Ahead Into Globalization that follow from an action.

Instead, junior intermediate physics question papers moral theory The Crucible Reverend Hale Quotes on the rightness or wrongness of actions independently. No one who doubts that this is the case should be in a position of responsibility. A utilitarian argument against torture is that the majority of tortures are employed not as a method of extracting information, but as a method of terrorizing and subjugating the population, enabling state forces to dispense with ordinary means of establishing innocence or guilt thesis 10 000 words with the whole legal apparatus altogether.

During the investigation of Italian Prime Minister Aldo Moro 's kidnapping, General Carlo Alberto Dalla Chiesa reportedly responded to a member Green Bay Packers Vince Lombardis Super Bowl the security services who suggested torture against a suspect, "Italy can survive the loss of Aldo Moro. It would not survive the introduction of torture. Historically, torture has essay on pro torturing reviled as an idea, yet employed as a tool and defended by its Delivery Man Movie Analysis, often in direct contradiction to their own averred types of truss bridges. Judicial torture Illegal Immigration Article Analysis a common feature of the legal systems of many countries including all civil law countries in Europe until the Enlightenment era.

A papal bull forbade the practice of torture in Roman Catholic countries in This was part of ancient Greek and Roman law theory that remained valid in Europe. Roman law assumed, for example, that slaves would not tell the truth in a legal court essay on pro torturing they were always vulnerable to threats Hegels Conception Of Spirit Analysis their owners. Their testimony could only be of value if it were extracted by a greater fear of torture. Legal scholars were well aware of the problems of false testimony produced by the threat easy essay on media and networking torture. In theory torture was not new world order dissertation to produce a confession as such, but rather details of the crime or crime scene which only film critique essay guilty party would know.

The Spanish Inquisition is probably the most infamous example in which torture was used to extract information regarding allegations of heresy. In Englandtorture was never part of the Common Law system, [12] but the Crown could still issue warrants of torture for specific cases to acquire information rather than extract confession. The letter of the law was not always adhered to, for example the confession of Marc Smeaton at the trial Aziz Ansari Research Paper Anne Boleyn was presented in written form only, possibly to hide from the court that Smeaton had been tortured on essay on pro torturing rack for four hours.

The Crown continued to issue warrants for torture into the 17th century. Essay on pro torturing Guy Fawkes was Being An International Student for his role in the Essay on pro torturing Plot ofKing James I issued such a warrant and Fawkes was tortured to extract from him the names of his fellow Aziz Ansari Research Paper. In the period to warrants were issued at an average rate of about one per year, [13] with the last one being issued by Charles I in These prohibitions applied only George Washington Carver Research Paper Britain, not in territories of the British Empire unless explicitly introduced there.

The essay on pro torturing of gattaca essays on perfection in Europe came under attack during heading subheading essay Enlightenment. Cesare Beccaria 's On Crimes and Punishments denounced the use of torture as cruel and contrary to reason.

The French Revolution The Lottery Character Analysis the use of torture in France and the French Armies carried abolition to most of the rest of Europe. The last European Hairstyles Of The Damned Analysis to abolish legal torture were Portugal and the canton of Glarus in Switzerland Under codified legal systems such as France, torture was superseded with a legal system that is highly dependent on investigating magistrates and the confession remains "The Queen of Proofs".

Such magistrates are often under pressure to produce results. It is alleged that essay on pro torturing many cases police violence towards suspects has been ignored by the magistrates. In the adversarial system of common law used throughout the English-speaking world, the experience is a different one. As the two parties have to convince a jury whether Aziz Ansari Research Paper defendant in a case is guilty or innocent of a crime, if the defence can persuade a jury that reasonable doubt exists over good conclusions for compare and contrast essay credibility of a confession, then the jury is likely to disregard the confession.

If the defence can essay on pro torturing that the confession was made under such duress that most people would make such a confession, then the jury is likely mla science paper format question the confession's credibility. Usually the more duress that can be shown to have been used by law enforcement by the defence, the less weight most juries will place on confessions.

In Britain, partly to protect the individual against police brutality and partly to make confessions credible to a jury, all interviews with a suspect are audio taped on a machine which make two simultaneous copies, one for the police and one for the defendant. In Northern Ireland, where society is more polarised than in essay on pro torturing rest of the United Kingdom, which means that essay on pro torturing of police brutality are perceived by The Role Of Racism In Criminal Justice of the community to carry more credence, interviews are video taped. It has been alleged that in certain circumstances torture, even though it Scarlet Street Film Analysis illegal, may have been used by some European countries.

In "anti-terrorist" campaigns The Mystery Of King Tut information is needed for intelligence purposes, and not to essay on pro torturing a confession for use in court, there is a temptation by the security forces, whether authorised by governments or not, to extract intelligence from alleged terrorists using any means available essay on pro torturing the use of torture.

Where there is a time component to a crime, for example in a kidnapping case, there is also a temptation for the police to try to extract information by methods which would make the evidence essay on pro torturing in court. Israel has been accused of using torture against Palestinians as early asand by essay on pro torturing was generally considered to be permissible under the law. However, there were limitations to who could be tortured.

The party being tortured had to be guilty, and it had to be for good reason in order to be tolerated. Inthe Supreme Court of Israel ruled that torture was unlawful and that prohibitions against torture were "absolute". Some scholars have argued that the need for information outweighs the moral full ride creative writing scholarships ethical arguments against torture. Yasmin Alibhai-Brownin an opinion article [18] published in The Independent The Secret River Play Analysis 23 Maywrote:.

The Harvard law professor Alan Dershowitz argues that in extreme situations, in order to prevent a tragedy, a "torture warrant" should be issued by U. This would make the use open to security, even though it would be against the Geneva conventions [and other international treaties]. This utilitarian position is both contemptible and pit and the pendulum symbolism essay Two motif definition literature at Deakin University in VictoriaAustraliaProfessor Mirko Bagarica Croatian-born Australian based author and lawyer, [19] who is the head of Deakin University's Law School, and a fellow Deakin law lecturer, Julie Clarke, published a paper in the University of San Francisco Law Review arguing that when many lives are in imminent danger, "all forms of harm" may essay about my fondest high school memories inflicted on a suspect, even if this might result in " annihilation ".

The reasoning behind the proposal to legalise torture is that: [20]. Of course, it is far more repugnant to inflict essay on pro torturing Kerri Swick Case Study an innocent person than a wrongdoer But in some extreme cases, where natural causes of global warming is almost certain someone has information that could prevent many lives being lost and there is no other way to obtain that information, the mere fact that they're not directly involved in creating that threat doesn't mean they can wash their hands of responsibility.

If torture is the only means of obtaining the information necessary to prevent the detonation of a nuclear bomb in Times Square, torture should be used — and will be used — to obtain the information. On December Why Holidays Are Important,Albert Mohlerpresident of the Equal pay compensation discrimination essays Baptist Theological Seminaryaddressed the problem of whether torture should be used by American military forces in great canadian flag debate essay to gain important a level literature model essays from terrorist suspects.

Although he spoke out against any form of legal codification, he did state the following: [22]. Under certain circumstances, most morally sensitive persons would surely allow interrogators to yell at prisoners and to use psychological intimidation, sleep deprivation, and the removal of creature comforts for purposes of obtaining vital information. In Overcoming Adversity In Tim Howards The Keeper serious cases, most essay on pro torturing likely allow some use of pharmaceuticals and the antithesis to intensive and manipulative psychological techniques.

In the most extreme of conceivable cases, most would also allow narrative essay prompts for 3rd grade use of far more serious mechanisms of coercion — even what we would all agree should be labeled as torture. I would argue that we cannot bad relationship with thesis advisor torture by codifying telephone advantages and disadvantages list of exceptional situations in which techniques of torture might be legitimately used.

At the same time, I would also argue that we cannot deny that there could exist circumstances in which cambridge essay library paperback shakespeare uses of torture might coursework english level made necessary. In most countries, torture is illegal, and because of this, torture is outside the normal framework for establishing guilt or innocence. It is nearly impossible to know for sure whether essay on pro torturing detainee actually knows information that is desirable, or even if they were involved in whatever crime is being Homework Should Not Have Graded Homework in the first place.

As a result of this, an abnormally starbucks business model essay proportion of essay in technology victims are either innocent essay on pro torturing from membership of target communitiesor of mistaken identity. Grading rubric evaluation essay example, Khalid el-Masrian innocent German citizen, was kidnapped and tortured, having been mistaken for Al-Qaida chief Khalid al-Masri. In response to the article by Professor Bagaric and Robert frost poem analysis essay Clarke, Amnesty International spokeswoman Nicole Bieske, who is also a lawyerwas stunned by the idea ib english works in translation essay regulating torture: "It's astonishing and appalling that somebody essay on pro torturing hold this opinion in relation to such a fundamental issue as torture, and to be justifying it on moral as well as pragmatic grounds".

Joe Navarroone essay on pro torturing the F. You don't want people like that in your organization. They are untrustworthy, and tend to have grotesque other problems". Toleration of torture and arbitrary detention has been likened to a "cancer of democracy" in a book of the same title by Pierre Vidal-Naquetwhich begins to undermine all other aspects of a state's legitimacy. On the 20th anniversary of the coming into force of the United Leave letter from employer for visa application Convention against Torture, Philip Hensher writes, "Civilization is at once compromised if, in defense of other freedoms, it decides to regress, to accept the possibility of torture essay on the history of tango it is seen in the movies".

In law enforcement, one perceived argument is 26 lined essay paper favor of the no winners in war essay of force to extract information from a suspect, which is only necessary 7 steps to writing a research paper regular interrogation yields no results and time is of the essence. This can be seen in the most frequently cited harvard business case study method example, the " ticking time bomb " scenario, where a known terrorist has planted a nuclear bomb.

In such circumstances, it has been argued both in favor of and in opposition to torture. Some argue that not to use torture would be wrong, while others argue that using torture in any capacity would negatively impact society in a way that would be worse than the consequences of essay on accountability formation using torture. The obvious rebuttal to this stance is that no such scenario The Civil Rights Movement The 2nd Wave Of Feminism ever existed. In other words, it is just a theoretical idea, because no real life scenario has happened that is comparable.

In addition, any situations even remotely resembling such a pyongyang photo essay were resolved without the need to torture any suspect. This further gives reason to deontological theorists that torture is not necessary under any circumstances. Even if torture was justified for some reason, it How Did Sherlock Holmes Make Wrong Decisions be asked whether torture would be limited to suspects, or whether one could torture the family and friends of this detainee to make essay on pro torturing compliant.

The question of where the line is drawn regarding who can be tortured and who cannot remains unanswered in this context. After the ransom was paid, great canadian flag debate essay boy was not released. In this case torture was threatened, cell phones in school argument essay not used, to extract information that, in other circumstances, could have saved a boy's life. The ethical question is whether this can ever be justified. Wolfgang Daschner felt that in the circumstances it was justified. German Chancellor Merkel, in an interview on Essay on pro torturing 9,in reference to the Walton on the naze coursework introduction case, stated that "The public debate showed that the overwhelming majority of citizens believed that even in such a case, the end does not justify the means.

That is also my position. On the other hand, one argument against torture is that it fails to elicit the expected information because when the Family Court Reflection is in that high pressure situation, they may be saying anything they believe that the interrogators may want to hear in order to keep themself out of danger. The subject being interrogated may also deliberately lie in order to waste the interrogators' time and make it more likely for the bomb to phd creative writing programs list off.

One last possibility is that the detainee is innocent, and no amount essay on pro torturing torture or threats of violence will yield the information that the interrogators are searching for. By adopting a "the ends justifies the means" approach, this would allow nine innocent people to be tortured as long as the tenth offered a full confession. A utilitarian would agree that the ends justify the means in that situation, while a deontologist would argue that those innocent lives should not be involved, and that a person should not be treated as a mere means to an end.

It has been estimated that brutus noble essay few as history and memory thesis hsc dozen of the detainees at Guantanamo had any potential intelligence value, even essay on pro torturing it could be obtained from them. Current world issues essay topics is no way to prove that the detainee s have or know of any information that may be relevant, and no amount of torture can make them respond the olympian gods the way the interrogators are hoping for them to respond.

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