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see below.Of course it does. why do you ask?
Scalia says the Constitution doesn't prohibit it. He knows more about the document than I do. So I'll go with him on this one.
see below.
That's what prompted my question:
Scalia: Nothing In The Constitution Prohibits Torture
What about the 8th Amendment - cruel and unusual punishment?
see below.
That's what prompted my question:
Scalia: Nothing In The Constitution Prohibits Torture
What about the 8th Amendment - cruel and unusual punishment?
Sorry, that made me chuckle.Scalia says the Constitution doesn't prohibit it. He knows more about the document than I do. So I'll go with him on this one.
That's why I believe it is prohibited by the Constitution, cruel and unusual punishment. Do we really need to attach a thesaurus to the document? Sheesh.What about the 8th Amendment - cruel and unusual punishment?
Sorry, that made me chuckle.
Ok, he may actually know more about it than you (and me, too), in a scholarly and/or technical sense, but he is also is one of the worst at playing fast-and-loose with interpretations. Anytime he says anything regarding the Constitution I'm skeptical.
That's why I believe it is prohibited by the Constitution, cruel and unusual punishment. Do we really need to attach a thesaurus to the document? Sheesh.
see below.
That's what prompted my question:
Scalia: Nothing In The Constitution Prohibits Torture
What about the 8th Amendment - cruel and unusual punishment?
I agree with this. Yes, it is vague, and there will always be some interpretation. What I was getting at, though, is that some will be more aggressive about it than others, to the point of sometimes outright ignoring it if it doesn't suit their needs.While I think torture is completely unacceptable, one thing we have to realize is the Constitution is pretty vague in a lot of areas, leaving it open to interpretation. It never defines what constitutes "cruel and unusual". If torture became the norm, it certainly wouldn't be unusual and cruel is entirely subjective. Lots of liberals think the very existence of prisons at all is cruel. Therefore you are going to get people whose interpretation of the terms will be all over the board.
Some would. Personally, I wouldn't find 30 days of solitary to be cruel and unusual, but 30 years I would. For some things it's a matter of degree.Couldn't solitary confinement be considered "torture" under many people's definition?
Couldn't solitary confinement be considered "torture" under many people's definition?
While I think torture is completely unacceptable, one thing we have to realize is the Constitution is pretty vague in a lot of areas, leaving it open to interpretation. It never defines what constitutes "cruel and unusual". If torture became the norm, it certainly wouldn't be unusual and cruel is entirely subjective. Lots of liberals think the very existence of prisons at all is cruel. Therefore you are going to get people whose interpretation of the terms will be all over the board.
I agree with this. Yes, it is vague, and there will always be some interpretation. What I was getting at, though, is that some will be more aggressive about it than others, to the point of sometimes outright ignoring it if it doesn't suit their needs.
Some would. Personally, I wouldn't find 30 days of solitary to be cruel and unusual, but 30 years I would. For some things it's a matter of degree.
On the flip side, I would consider extracting finger nails with pliers to be cruel and unusual, and it wouldn't matter if it were one nail or 10.
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Extended periods of solitary confinement is torture, which is the same as cruel and unusual punishment. Read up on what it does to people. Many people end up hitting their heads on the wall, smearing feces all over and start fights with guards just to have some human interaction. Many never recover psychologically from the experience. Some prisoners are confined just for refusing to be a snitch.
True, yet we still do it in prisons today, especially the supermaxes.
I don't really know, but I bet there are folks out there trying to get the practice banned.
https://www.aclu.org/secure/its-practically-torture-and-were-doing-it-kids
Alternatives to Solitary Confinement - National Religious Campaign Against Torture
Ending Torture in U.S. Prisons - National Religious Campaign Against Torture
Project to Reshape Administrative Segregation | Community Resources for Justice
Dispatches: Curbing Solitary Confinement in US Prisons: Keep the Pressure On | Human Rights Watch
USA: Prisoners held in extreme solitary confinement in breach of international law | Amnesty International
While I think torture is completely unacceptable, one thing we have to realize is the Constitution is pretty vague in a lot of areas, leaving it open to interpretation. It never defines what constitutes "cruel and unusual". If torture became the norm, it certainly wouldn't be unusual and cruel is entirely subjective. Lots of liberals think the very existence of prisons at all is cruel. Therefore you are going to get people whose interpretation of the terms will be all over the board.