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Title: Issues/Human Rights and Liberties/News and Media - Slate: Tortured Justice Article from Slate discusses the ugly ways to extract information from suspects and the legal limits for such methods.
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Tortured Justice - By Dahlia Lithwick - Slate Magazinevar PStax = 58296;var msn_cobrand = 0;
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What did you think of this article?POST A MESSAGE | READ MESSAGESNotes From The Fray Editor:Does torture work? Richard Bondi says no, Texwiz says maybe. Sam Jaffe discusses Israeli interrogation methods here, and concludes that: "extreme torture is extremely inefficient. If someone can't take it, they'll say anything, whether it's the truth or not. And the most hardened terrorists can take just about any kind of torture." Yukon made the post below, and then also commented on the other Fray comments: "And still I learn…I assumed that this respect for human rights wasn't just some politically convenient Congressional resolution, but that it was us, the American people, that felt that way…wrong again." (Another poster suggested after this that his star meant the CIA was watching him. The Fray team using its knowledge of the Slate-reading public for counter-intelligence purposes? The CIA wishes.)Reader Comments From The Fray:We like to pretend we're above that sort of thing. We're not. In Vietnam I was instructed never to harm or threaten a prisoner myself. I didn't have to. He was generally worked over by the ARVNs, whose prisoner he technically was, before I got him. He was told that how he was treated after talking to me would depend on his answers, which I was obligated to share with my ARVN counterpart. We thus got the benefits of torture without the burdens.But such relative hypocrisy does not obliterate all moral distinctions. The United States at least forbids torture on its own soil, against its own citizens, and by its own citizens. What if no nation did even that much? Our position on torture is vital to our ability to champion human rights. It is regrettable that we have collaborated and will collaborate with governments which practice torture, but half a loaf is still better than none. It does seem to me that Americans ought to be forbidden by law from soliciting torture, aiding and abetting it, or providing instruction in it. Mere knowledge that a crime is planned or occurring is not sufficient, in any state I am familiar with, to make out accessory liability. At common law, people who know that a crime is planned or occurring generally have no legal duty to prevent or report it. There are statutory duties to report in some particular situations, e.g., certain service providers like doctors and teachers are required in most states to report suspected child abuse.Lithwick thinks the current Supreme Court will obligingly uphold lengthening preventive detentions on the basis of the Korematsu holding. Considering that it's the same Supreme Court that preferred a Republican victory in Florida last December, she may be right. But when I was in law school 25 years ago, Korematsu was studied principally for Justice Jackson's conceptually awesome dissent. It bears reading, and rereading, in light of recent events.--Yukon(To find or answer this post, click here.) 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Article | from | Slate | discusses | the | ugly | ways | to | extract | information | from | suspects | and | the | legal | limits | for | such | methods. |
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http://slate.com/default.aspx?id=2057099
Slate: Tortured Justice 2008 August
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Article from Slate discusses the ugly ways to extract information from suspects and the legal limits for such methods.
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