Antonin Scalia - 60 Minutes pt 2 of 4
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Then on torture, current laws already ban torture, the Geneva Conventions for example, to the War Crimes Act of 1996. Supreme Court Justice Scalia says that torture does not constitute - cruel and unusual punishment , because torture is not meant to punish, but only to get information. Mr. Scalia's argument fails for several reasons.Torture Does not Generate Useful Information. Initially, torture is a notoriously inaccurate way to obtain information. Indeed, it is well-known by professional interrogators that torture does not work. Experts on interrogation say that torture actually interferes with the ability to gather useful information. So if torture is not an information-gathering technique, its only purpose must be punishment and,or intimidation. Torturing People Who can not Give Useful Information is Cruel and Unusual Punishment. Some try and say that the 8th amendment prohibiting cruel and unusual punishment does not apply to banning torture because the suspect has not been found guilty yet, but no where in the 8th amendment does it say only in the sentencing phase. Looking at the 8th amendment, the bail part refers to a monetary sum that is collateral for not fleeing even though guilt has not been determined. So the 8th amendment is not specifically talking about a penalty only after guilt is determined. Who would have thought? Clearly It is obvious that the 8th amendment is saying no cruel and unusual punishments shall be inflicted saying torture is not only illegal but wrong. This not only goes against laws already written but against our moral compass as human beings.
scalia 60 minutes

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