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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?


To: J. C. Dithers who wrote (215261)1/6/2002 8:40:57 PM
From: Lazarus_Long  Read Replies (1) | Respond to of 769670
 
5th Amendment:
I wouldn't even attempt to defend the violation of this amendment you cited. This sort of thing has always struck me as a legalistic end run around it.

6th Amendment:
Much trickier example. I'd support this one, although justifying that legally is problematic. One solution of course is for the courts to support the Constitution as written and force Congress to amend it for this case.

only "cruel and unusual punishment".
If it isn't cruel. it isn't torture.

For example, one could simply argue that methods which some might characterize as "torture" are not a punishment at all (the person hasn't even been convicted of anything), but rather an aggressive interrogation technique justified in the interest of preventing future crimes.
So do you think your local cops should be allowed to haul you in for "questioning" and beat the s**t out of you until they either killed you or got you to confess to whatever they wanted? That's just "an aggressive interrogation technique justified in the interest of preventing future crimes."

That sort of thing was done by English kings (why else would you need The Rack?). The boys who wrote the Constitution didn't think it was a good idea.



To: J. C. Dithers who wrote (215261)1/6/2002 9:10:24 PM
From: Carl Shaw  Respond to of 769670
 
"For example, one could simply argue that methods which some might characterize as "torture" are not a punishment at all (the person hasn't even been convicted of anything), but rather an aggressive interrogation technique justified in the interest of preventing future crimes"

If it walks like a duck, and quacks like a duck, it's still a duck!!