sábado, 14 de febrero de 2009

Excerpts on Death Penalty

The Death Penalty is a form of torture

The cruelty of torture is evident. Like torture, an execution constitutes an extreme physical and mental assault on a person already rendered helpless by government authorities. Abolitionist groups claim that the cruelty of the death penalty is manifest not only in the execution but in the time spent under sentence of death, during which the prisoner is constantly contemplating his or her own death at the hands of the state. Prison is an extraordinarily severe punishment that should not be exacerbated with torture or the death penalty.

Torture Defined


Torture of prisoners violates the Eight Amendment’s provision against Cruel and Unusual Punishment, and also constitutes a violation of several international laws. The United Nations Convention on Torture defined torture as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted 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, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.”

An example of torture in the US Criminal Justice System

In May 1998, a lawsuit was filed concerning conditions for death row inmates in Idaho Maximum Security Institution. The suit states that inmates are held in solitary confinement for 163 of every week's 168 hours in small concrete and steel cells with solid metal doors and a narrow slit for a window. Inmates are allowed out of their cells for a maximum of one hour a day, excluding weekends, for recreation, alone and handcuffed in one of 12 enclosed wire mesh pens measuring approximately seven by 15 feet. The prisoner named in the lawsuit, Randy McKinney, states that he has lived under such a regime for 16 years, and that such treatment constitutes torture.

24 comentarios:

  1. Well, well... I've always found "torture" an interesting topic. Intimidation is one thing, but to actually torture people is another thing. It's messed up! I can't say "what have we come to now?" because it's not an issue about today, it's existed for a very long time, if not always.
    Such treatment is just not human! Let's take for instance, in an interrogation about a crime or something, they torture the dude to make him talk, what if he really does not know anything? what if he's innocent?? That's so messed up, and, as Mariana says, isn't it enough torture to be locked in jail? Not only do they drop your freedom, but they keep you in a place with many other people who will make you live what's very likely to be the worst time of your life, get raped or whatever. I think that's more than enough.
    Regarding that, about this case of Randy McKinney, why? Why do they treat him like he was no human being? Even if he's in jail for a crime he commited, that's no excuse to do THAT. Prison has its own means of [supposedly] achieveng redemption among their inmates, and it's absolutely not necessary to include that kind of isolation on their now miserable life.
    Death is sometimes "better" than torture. That's why people who are in pain (phisically or psychologically) would rather die and try to commit suicide. Worse than death, really? well, maybe, while it lasts.

    Do I think death row inmates are experiencing mental anguish? How could they not!! They tell you they're going to kill you. What do you do? You start worrying, you can't take it off your head. Your last moments of life will probably be "dark" and sad, your mind is going through torment and weird feelings. So, yes, they experience mental anguish.

    Does the situation constitute torture?
    What situation? OK, it COULD HAPPEN in a matter of life or death of 3rd parties, or when it is really important, "acceptable" to use torture, but only under extreme conditions and not so harshly, just enough to get what's needed.

    My definition of torture: A cruel and unusual treatment to humans (or animals, too) causing a lot of pain, in order to get desired information, or maybe with no purpose at all.

    I believe death row is a form of mental torture. Maybe not that physical because it's more like inside your head, what's physical would be the moment of death itself. Why? because, as I said before, it makes your mind not able to think of anything else but to know that you are going to die, you're going to be killed. That's very anguishing.

    Does being on death row strip people of their human dignity and worth, and therefore violate their human rights?
    I don't know, really, I just know it can probably collapse their minds, depending on the person, but I don't know about dignity.

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  2. Mariana... I totally agree with you. Ok, I'll come back later wih more material, maybe.

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  3. Torture is a horrible thing. Really, how can people be so mean? It is so unnecessary and traumatizing!
    Not only does it cause physical damage, but it can also cause severe psychological trauma. Nobody deserves that, it's worse than death, like if your about to die but they don't let you die, they keep hurting you nonstop but you're still alive (although some people actually die during torture, I'm talking more in general). I really think torture shouldn't exist at all, under no circumstances is it valid for me, never. Besides, it's against human rights and many things that protect people from that kind of stuff.
    And about the case presented, the man in jail that's been isolated for years, I DO think they're right about saying he's being tortured. He's being tortured both physically and mentally because, mentally, it's like those cases we saw in first semester in ITSS class. People, good or bad or whatever they are, are seriously affected when isolated and it can really cause psychological and braind damage. Physically, too. Why? because his body needs the fresh air (even if it's inside a prison, it's still a better environment than in that room he was kept in), the light, he needs an open space a bigger space. He is indeed being tortured. Say no to torture! No matter the reason.

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  4. Do you think that death row inmates are experiencing mental anguish?
    Of course they are. Imagine knowing you're going to die in a certain date and that there's no way to avoid it. It'd be so frustrating...

    Does the situation constitute torture?
    Yes, mental torture. I think mental torture can be even worse than physical torture, and being in the death row really messes up your mind.

    What is your definition of torture?
    It's when something bad and cruel is done to someone in order to get information about something, or simply with no specific reason.

    Do you believe that being on death row is a form of physical or mental torture? Why or why not?
    Physical torture, not. That's because you don't experience any pain until you ARE dying. Or if you have a disease or something, well maybe. Mental torture, yes. Because in your head you're going over and over again at the fact you're going to die, and how, and how will it feel like. Regretting all things you've done but still not being able to do anything to prevent your own death. That's some very bad torture.

    Does being on death row strip people of their human dignity and worth, and therefore violate their human rights?
    It is violating their human rights because we all have the right to live. No one can take life away from us, and they're doing it.

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  5. "I really think torture shouldn't exist at all, under no circumstances is it valid for me, never" I completely agree with you but at the same time, I differ. What if it's a REALLY important matter and the only way out of it is to torture the dude? That could justify it x)

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  6. I don't think so, there has to be another way. Violence is not the answer. People always want to solve everything with violence. Well I say no. I'm sure there should be some other way out of it, they don't have to make the man suffer so bad by torturing him for him to tell the truth.

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  7. Haha, what if someone seized your dog and kept it captive and won't tell where it is or give it back? Doesn't he deserve some torturing to make him spit the truth? :o

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  8. YES... ay callate nadie va a secuestrar al cory x) not really! there really has to be another way, even giving him a bribe or something but not necessarily torture him, you know. I don't wanna be a cruel person.

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  9. ok, give him money for him to talk, then take it away when he does :)

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  10. First of all I think that torture is horrible because even though it could provide necessary information it is a bad and most the evident act of violating human rights. 24 fans may think torture is the best way to save the nation because it is only the cost of one man's life instead of the country. I still think it is unnecessary to use cruel methods to find out information. This act violates are inalienable rights as human being, and I think Fletcher was wrong when he said the “The means justifies the ends” because a society needs to be governed by established rules and normative. I firmly believe that honoring a person’s human rights should be one of the most highly respected normative of our society.
    In the case of death penalty is a contradiction to our human right “the right to life”. However do to the extreme perversity and wickedness of some people’s violent crimes, the death penalty should be imposed to send a message to potential offenders. And to show what could be their future if they commit a crime worthy of death penalty. Personally I don’t have such a strong and evident opinion about it as I had with torture, because in any side you choose whether it is right or wrong, you can always be stated wrong in your opinion. For example: you may say it is right because some people deserve it, but then you could end up in contradiction in saying it is wrong because it violates our right to life.

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  11. well, my opinion is that torture is like acting as the criminals, i mean, were commiting the same mistake than them. i mean, if someone torture one person, for example, and then we torture them because of that, is like doing the same, is just revenge. there are other ways to make them pay, but torturing them is not the best way.


    -Lissette Machado

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  12. yes, i agree with you toña, there are other ways tomake them talk, like giving them money, or some privileges, but not necessary violence.

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  13. 1. Do you think that death row inmates are experiencing mental anguish? Yes because they know exactly when they will die
    2. Does the situation constitute torture? I think you could call it mental torture and it probably affects them physically as well.
    3. What is your definition of torture? Experiencing a pain that one cannot stand or endure.
    4. Do you believe that being on death row is a form of physical or mental torture? Why or why not? More mental torture than physical because every day the inmate lives with the fact that he is going to die and he does not have the freedom to live the rest of his life doing the things that are most important to him (or her) and that probably makes him helpless.
    5. Does being on death row strip people of their human dignity and worth, and therefore violate their human rights? In a way because they cannot live their lives in a productive way and they know that the end of their life is approximate.

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  14. yes your right cesar torture is bad and unnecessary.

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  15. but what if some one killed your kid and they cought him wouldn't you guys want him to have a death sentence?

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  16. this is a very extended subject and very complex to me becuase you are always in the position of: being apart of the people who violate human rights or being with the group of people that defend them but when it becomes personal sometimes you change your mind.

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  17. i think, ia just how close you are to the victim, because if he is someone you love, well then you want to torture and kill the person who damage yor loved one, but if you are like, mm, human rights rocks 8-) well, theres the conflict

    -Lissette

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  18. personally I wouldn't know how to react if I where in that situation or if something happened to my family all I know right know is that we all have rights and just for being human being we should have all the right to have them active in our life.

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  19. yes priscilla i agree with you, it all depends on the situation..

    -Lissette

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  20. and mariana, i agree with your point of view :)
    its like the song: I DONT WANT TO DIE, I DONT WANT TO KILL, WE'RE ALL HUMANS ITS TIME TO PROVE IT (8)!

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  21. (im having some trouble with my account)

    -Lissette Machado

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  22. (im having some trouble with my account)

    -Lissette Machado


    lol


    Well, i agree with you guys that it depends on the situation. Maybe I can say that torture and death penalty is wrong and cruel, but whenever somebody does something bad happens tomy family or a close friend I would think a lot different. Eventhough it depends on the situation, I still think both torture and death penalty are wrong, cruel, and unnecesary. If we want to ask for our rights, lets give everybody else the chance to ask for them. Besides, death penalty can have a lot of mistakes. For example, have u seen Green Mile? idk how is it called. In spanish the movie is called Milagros Inesperados. It is about a guy who is accused of raping and killing two young sisters. But, in the movie you could see that he didn't do anything bad, he just tried to make the girls live again (because he make miracles). So, what if it's an innocent person? I would prefer "cadena perpetua" to those who rape, kidnap or kill. They will die in jail anyway.

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