Why Scalia worries me in D.C vs. Heller...

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What would you do without Wikipedia?

Speaking from a historical standpoint, I don't think that causing someone mental distress occurred to any body much until the current pansy generation.

When you make that statement you get some ludicrous anology like waterboarding your wife or tax inquisition purposes. Everything is a slippery slope to some of you.

Next it will be waterboarding junior to find out whether or not he ate the cookies.
 
I think it is a slippery slope. If waterboarding is legitimized as an interrogation technique, then I can think of no reason why it shouldnt be used to interrogate criminal suspects here.

My question is why some people here don't think it is a slippery slope? Are you simply relying in the benevolence of our government officials to keep it from being a slippery slope?
 
Thumper, did you read the article?

"I suppose it's the same thing about so-called torture. Is it really so easy to determine that smacking someone in the face to determine where he has hidden the bomb that is about to blow up Los Angeles is prohibited in the Constitution?" he asked.

"It would be absurd to say you couldn't do that. And once you acknowledge that, we're into a different game" Scalia said. "How close does the threat have to be? And how severe can the infliction of pain be?"
 
It would be a 5th Amendment compelled testimony or due process violation or a 14th Amendment due process violation depending on whether we are talking about federal or state actions. Scalia is one of the 9 most important Constitutional scholars in the country. He was stating a scholarly view on exactly what the cruel and unusual punishment clause refers to, he wasn't making a pronouncement of his views on the Constitutionality of torture. After noting that it's not technically punishment if it's to obtain pre-prosecution information, he makes a scholarly conjecture on where such a line would be drawn.
 
Unregistered, since you're at least following the actual question:

The 5th adequately covers torture as an interrogation technique to secure incriminating evidence against the torturee, correct?

And I'm sure you're familiar with Article III, Section 2, which provides for treaties, yeah? We're the signatore of at least one treaty prohibiting torture.

There are obviously more State and Federal laws that would render torture illegal.

Ignoring the sideshow and BS, do you agree that the Eighth has no bearing on torture?

The OP's "concerns" are based on ignorance.
 
I think it is a slippery slope. If waterboarding is legitimized as an interrogation technique, then I can think of no reason why it shouldnt be used to interrogate criminal suspects here.

Simple. As citizens we have the right to remain silent. Beating a confession, waterboarding or whatever else you can think of violates this right.
 
The 5th adequately covers torture as an interrogation technique to secure incriminating evidence against the torturee, correct?

Well I don't know. It depends on whether or not you think waterboarding is torture or simply an interrogation technique. The 5th Amendment says I don't have to incriminate myself. However, I can incriminate myself if I choose to. And certainly the police can interrogate me and see if I confess. Every suspect gets interrogated. If waterboarding is simply going to be considered interrogation technique, then I don't see how it would be treated differently.

Now if you don't like this argument, then also consider that the 5th Amendment only applies to the suspect, and not other people who may have information about the suspect. So if guns are banned, could the government waterboard your wife to find out if you have illegal weapons? I don't see why not. She couldn't use the 5th Amendment, because they are trying to get info about you, not her.

And I'm sure you're familiar with Article III, Section 2, which provides for treaties, yeah? We're the signatore of at least one treaty prohibiting torture.

Does an international treaty provide any legal protection to a US citizen being interrogated by the US government? I don't think it would, but am not a legal expert.

Ignoring the sideshow and BS, do you agree that the Eighth has no bearing on torture?

The 8th amendment prohibits cruel and unusual punishment. I don't know if the founders used the word punishment to mean something that occurred before or after guilt was determined. I know sometimes in sentencing, the amount of time served before the conviction, while waiting in jail for a court date, will count as part of the sentence. This implies to me that the court must think time served before conviction is punishment.
I really don't think the founders would have wanted us to torture people as a part of a criminal investigation though.
 
Well I don't know. It depends on whether or not you think waterboarding is torture or simply an interrogation technique. The 5th Amendment says I don't have to incriminate myself. However, I can incriminate myself if I choose to. And certainly the police can interrogate me and see if I confess. Every suspect gets interrogated. If waterboarding is simply going to be considered interrogation technique, then I don't see how it would be treated differently.

Many "interrogation techniques" have already been ruled unconstitutional because of their coercive nature. You are correct that you can certianly incriminate yourself, but given the nature of our constitutional protections, if there is any evidence that the incriminating statement is anything but completely voluntary, it gets tossed.

There is hardly anything voluntary about confessing to something because you believe you're drowning.



Now if you don't like this argument, then also consider that the 5th Amendment only applies to the suspect, and not other people who may have information about the suspect. So if guns are banned, could the government waterboard your wife to find out if you have illegal weapons? I don't see why not. She couldn't use the 5th Amendment, because they are trying to get info about you, not her.

You need to sit through a civics class. I'm not being insulting, I'm being dead serious. The 5th amendment doesn't just apply to suspects. Police can't detain anyone they please. They can't interrogate anyone they please. Waterboarding someone for information who isn't supected of any crime is a blatant violation of their due process rights.

These scenarios you are coming up with are nonsensical.
 
Maybe I'm missing this somehow, but why do we get the idea that the Constitution applies to people who aren't legal citizens of the US? Maybe I'm one of the few or even alone in the idea that non-uniformed enemy don't qualify for ANY protections...oh wait, even the Geneva Convention says that.
 
All this piety is moving. I wonder if some of you actually had the responsiblity of keeping people hell bent on killing Americans from doing so might look at it differently. It's easy to sit in the arm chair and talk about how things should be in a perfect world. I for one do not want to be dirty bombed by some religious zealot because some people think a little water up the nose is torture.
 
Maybe I'm missing this somehow, but why do we get the idea that the Constitution applies to people who aren't legal citizens of the US?

From the Constitution itself; it makes a distinction between People and Citizens. Note, for example, that the 2nd Amendment protects the rights of People -- not Citizens. BTW, the Supreme Court mostly agrees with this, which is why (for example) green-card holders can possess firearms.

Maybe I'm one of the few or even alone in the idea that non-uniformed enemy don't qualify for ANY protections...oh wait, even the Geneva Convention says that.

There's a big difference between all "people who aren't legal citizens of the US" and "non-uniformed enemy."
 
From the Constitution itself; it makes a distinction between People and Citizens. Note, for example, that the 2nd Amendment protects the rights of People -- not Citizens. BTW, the Supreme Court mostly agrees with this, which is why (for example) green-card holders can possess firearms.

The constitution also says "he" when speaking about the president, and yet Hillary is still running.
 
I wonder if some of you actually had the responsiblity of keeping people hell bent on killing Americans from doing so might look at it differently. It's easy to sit in the arm chair and talk about how things should be in a perfect world. I for one do not want to be dirty bombed by some religious zealot because some people think a little water up the nose is torture.

I know its not the topic of this thread, but we will just have to agree to disagree ZeroJunk...

I used to think that way, but I do not anymore.

Reason for not thinking that way are these...

1. I said that under no circumstances would I compromise my standards at the expense of some terrorist "potentially" knowing something that I could then use to "hopefully" prevent something from happening.

There are a lot of if's to hope fall into place at the expense of being inhumane to a potentially "innocent" person who knows nothing. Something that I don't think I could live with if suspicions turned out to be false

2. Real life is not based on the show 24...there are processes in place that prevent things from happening like this for good reasons. Just as an example, where do you draw the line for use of this against citizens, non-citizens, people in general...is it ok to use in times when a nuclear bomb could go off on American soil killing 1000's of lives, ok to use when a soldier may be killed by a roadside bomb, and ok to use if the life of one person may be saved? All of these instances would save the persons involved but would also ruin the person being tortured.

Back on topic...

I did not get the implied result that the OP did with regards to Scalia.
 
One of the few virtues of John McCain is that he is the only president willing to commit to a non-torture policy. Its interesting that the only major politician to refuse to endorse torture is also the only politician who actually endured any torture.
 
One of the few virtues of John McCain is that he is the only president willing to commit to a non-torture policy. Its interesting that the only major politician to refuse to endorse torture is also the only politician who actually endured any torture.

McCain talks a good game but when he has to put it on the line he's Bush's cabana boy.
 
One of the few virtues of John McCain is that he is the only president willing to commit to a non-torture policy. Its interesting that the only major politician to refuse to endorse torture is also the only politician who actually endured any torture.

Yes it is too bad that McCains personal experience is clouding his judgement on this issue.
 
The constitution also says "he" when speaking about the president, and yet Hillary is still running.

That argument is disingenuous. First, the pronoun "he" can refer to an otherwise unspecified person of either gender. Constructs such as "he/she" are a relatively recent invention. Second, neither Article II, nor any other part of the Constitution, requires the President to be male.

I find it... interesting... that Scalia argues for what amounts to battery of a prisoner.
 
I never fail to be amazed ...

The Constitution of the United States guarantees - actually recognises as pre-existing - certain 'rights' to U. S. citizens and persons physically in the limits of the U. S.

One such under discussion here forbids a 'forced' or coerced confession. Various court rulings have held a person in the U. S. accused of a crime cannot be tortured or otherwise 'coerced' into confessing to that crime.

Another 'right' is the prohibition against 'cruel or unusual punishment'; at the time referring to death by torture, branding or otherwise maiming the convicted felon.

None of this applies - until those in this nation seeking to weaken it got involved - to foreign combatants in regard to obtaining ongoing tactical or strategic information while involved in a foreign war. I quickly add, there are prohibitions against torture for political or propaganda purposes - as happened to Senator McCain - or torture for punishment or revenge.

I would find a great comfort if suddenly, all the whining leftists in this nation would understand the prisoners held at Guantanmo Bay are not criminals awaiting trial for violations of the various penal codes in the United States. Nor are they 'prisoners of war' in any sense covered by the Geneva Convention or Hague Accords.

They are non-uniformed and non-aligned thugs, backshooters and ruffians who were apprehended in the act of attempting to kill American soldiers or other allied soldiers or civilians. Their status under international law is that of 'brigands and bandits' and historically have been summarily executed. The only reason they are alive is that the U. S. does not kill indescriminately and some may have some information beneficial to the anti-terrorist goals of the United States. By the way, does anyone know how many of the prisoners at Guantanamo Bay have been repatriated or otherwised released? That's for homework.

Torture traditionally involves maiming or injuring the victim. Senator McCain had his arms broken several times. Other U. S. soldiers have been cut, burnt, beaten and so forth by various enemies of the United States. Currently, the Islamofascists seem to prefer burning and ultimately beheading captives for political and propaganda purposes. Odd we hear nothing from the left in the United States petitioning the United Nations to bring sanctions against Al Queda for such actions.
Originally Posted by en.wikipedia.org/wiki/Torture
Torture is defined by the United Nations Convention Against 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...
So, if a Muslim claims showing him a picture of Mohammed eating a pork chop causes him severe mental suffering, we have to stop. Is that correct? Frankly, gross stupidity causes me great mental suffering and I feel the left does it to me all the time for being a believer in both God and the United States. Will the U. N. make them stop?

Waterboarding falls into the category of serious discomfort. The 'pain' is short-lived physically, leaves no physical damage. The United States says they have done this action on a grand total of three people now, the longest for somewhat less than one minute. The information obtained has been instrumental in preventing attacks on both the United States and U. S. assets abroad.

For those who cannot differentiate between the limitations on police investigations in the U. S. and unpleasant but essentially humane and effective means of gathering information from those who would kill us all happily - you're torturing me. Please report yourself to the United Nations for re-education camp.
 
That argument is disingenuous. First, the pronoun "he" can refer to an otherwise unspecified person of either gender

Not in 1789 it didn't. You are going to sit there and tell me that women didn't have the right to vote, but when the framers used the word "he" they intended to include ladies to hold positions in government as well as the office of chief executive. I think not.

Thats quite a spin.

Again, not really. Its ludicrous to assume that McCain's personal experience wouldn't effect his decisions regarding torture. Its very possible that his past prevents him from making an impartial decision on the issue.

I don't begrudge him this, but it is no doubt a factor nonetheless.
 
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