However under the Patriot Act we have seen the use of powers under this act to allow the use of torture which contradict the Constitution and the Geneva Convention, which were intended to stop the use of torture, and this become an issue. Do we terminate the use of torture, or do we continue to use the cruel, inhumane, and degrading acts on captivated ‘terrorists’? The United States has violated the United States Constitutional rights by justifying the use of torture while abusing the laws set up to make boundaries against torture.
Prisoners have certain Constitutional rights: “Inmates of American prisons do not have the full constitutional civil rights of an ordinary citizen, but they do receive some protection under the Constitution. Among these rights are the right to a punishment that is not cruel and unusual, due process, the right of access to parole and the right not to be discriminated against. ” (Faranda) I agree that prisoners shouldn’t have all the same rights as everyone else, but I do not agree with the use of torture on prisoners who have been captured and held as suspected terrorist because they deserve the right to be treated humanely.
The Constitution was ratified in June 1788, and in September 1789, Congress approved all 12 amendments and then directed them to all the states for ratification. Then, in December 1791, 10 out of the original 12 amendments were formally incorporated in the United States constitution. When the Constitution was created it was for the purpose of creating a national government that was effective and powerful, but which did not infringe upon the rights of the individual, or upon the powers of the states. Mehta) The Constitution setup the government and defines it powers while at the same time protecting the rights of its citizens. With this in mind the United States should not give the right to the government, military or to anyone else to torture any person because they should have the rights mentioned above as any individual imprisoned in our country. According to Article 1, Section 9 of the Constitution is one of the key individual rights which is protected by the Constitution.
Explain and evaluate both the limits placed on Commonwealth power under the Constitution and the extension of that power through international law and elements of the Constitution. In the year 2001, The Australian nation will celebrate the reaching of a significant milestone one hundred years of government under our present constitution. As the anniversary approaches, it is important for all ...
This section contains the right known as Habeas corpus. “Habeas corpus requires an authority to prove to a court why it has a cause to hold someone. ” (Mount) Although prisoners may not have full constitutional rights it does not give the United States the right to torture and degrade detainees for the purpose of extracting valuable information which is viewed as being in the interest of this country’s fight against terrorism.
The prisoners have the right to be held humanely and not discriminated against because of why they are being held, and the United States should abide by what the law states by the Constitution. When the United States held detainees in U. S. prisons without charging them, tortured them and did not grant them parole the constitutional rights of these individual were violated. The media has clearly reported individuals being imprisoned as suspected terrorist. These individuals were not charged with crimes, were not brought to trial and thus had no chance at parole.
Under the guise of the Patriot Act the United States government has also engaged in the previously viewed illegal activity of the wiretapping private citizens phones without warrants or other legal processes and this was not just in regards to individuals they suspected of terrorism, but on all citizens of the United States. This not only took away the privacy of American citizens, but also impinged upon our basic freedoms which were supposed to be guaranteed to us by our Constitution. This law was not followed, but instead the complete opposite happened.
Prisoners were punished in cruel and unusual ways, and did not have the right of due process and did not have access to parole. As a result of the United States is violating their Constitutional rights and the suspected terrorists are suffering the consequences. | | | | | When the United States uses torture it also goes against the Geneva Convention. The United States signed four versions of the Geneva Convention most notably the third treaty which was intended to stop the use of torture, and by engaging in torture it makes the United States duplicitous. The Geneva Convention was created for the means of stopping the acts of torture f captives of war. It was not intended to be followed when convenient and ignored when a country felt it was to their advantage to refuse to follow the terms of this treaty. The Geneva Convention states that torture is not to be used on captives. The convention also does not differentiate between American and non-American citizens, nor whether it is during war time or non-wartime. (Leahy) In article 17 of the Geneva Convention it states, “No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever.
Torture is taken to be a process of inflicting pain to someone in whatever form for purposes of obtaining information. The information to be given is usually a confession. In this regard, torture can take a form of physical form or mental as well as emotional form. Torture is a painful experience on the side of the person to whom the torture is done. The main goal is to force a person to confess ...
Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to any unpleasant or disadvantageous treatment of any kind. ” (Student Handout) I believe that this should pertain to all ‘prisoners of war’ and in every situation no matter the circumstance. These actions are against Articles 25 of the Geneva Convention which states, “Condition of quarters must be as favorable for POWs as for the forces of the Detaining Power; Accommodations for habits and customs of POWs required; Protection from dampness, adequate heat and lighting required” (Members).
The United States is looked at as “The land of the free, with liberty and justice for all” by others; we need to stay true to that reputation. Prisoners ‘of war’ deserve the right to treated fairly, humanely, and be dismissed from torture. “ Detainees… of the Parwan detention center…complained of freezing cold, humiliating strip searches and being deprived of light” ( Johnson).
This shows that the United States is abusing the treaty and torturing prisoners In Afghanistan as they did in Iran at Abu Ghraib and as they are doing in Guantanamo Bay.
Through this torturing of captives it turns the situation hypocritical and should be greatly frowned upon us as a nation. In short I do not agree that torturing prisoners is justified to help the United States in gathering information, and if anything it will only lower the United States in the eyes of the rest of the world. The United States must not only uphold individuals Constitutional rights and follow the Geneva Convention by finding new policies on the treatment of prisoners. The United States must not use any form of torture.
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The United States also needs to abolish the Patriot Act which has led to the use of torture and the violation of the rights of prisoners of war. The Patriot Act followed September 11, 2001. The attacks called for action against terrorists. Congress responded by creating the Patriot Act, and it was passed in the House of Representatives by a vote of 357 to 66. The Senate passed it by a vote of 98 to 1. On October 26, 2001 President George W. Bush signed the Patriot Act into the law. Almost instantly the law became controversial for the extensive powers it gave the federal government, and law enforcement. Ninomiya) As a result of the establishment of the Patriot Act the use of torture has gotten way out of hand. The law does state that the federal government and law enforcement is authorized to use powers granted to it through this congressional act, but what it does not state is that they have the authority to torture and dehumanize anyone at any time. The Patriot Act states that “It provides the federal government vast powers to access personal information, perform searches and detain suspects in the interest of national security” (Ninomiya).
While I do agree that the United States should be able to step in and make an effort to stop future terrorist attacks; I do not agree that the U. S. should be granted the ability to resort to the use of torture as a justifiable means to theoretically be ‘preventing attacks against the United States and its allies’. The United States should protect the people and nation from terrorism, but they can accomplish that without the use of torture and should refrain from such practices at all times.
The Patriot Act does bring controversial opinions of whether we should use the powers granted by it, or we should follow the rules and principles of the Constitution and the Geneva Convention. In short, I believe that we need to follow the rules of the Geneva Convention and those of the Constitution, and discontinue the use of torture. Having practices which contradict each other will not help us as a nation when it comes to protecting the safety of the American people. We need to stand firmly behind the Constitutional rights and Geneva Convention that make torture illegal.
Is Bertha the Inner Fire of Jane Eyre? Jane Eyre is one of the prominent pieces of literature, written by famous English writer Charlotte Bronte. In this research I would like to cover the main issues raised up at the novel. Particularly we are going to talk about the role of Bertha, who is the one of the core characters in this story. Her relationship with the young governess in their house seem ...
I also believe that if the United States continues to use the Patriot Act to justify the use of torture that congress should either repeal the Patriot Act or to amend it to assure that the use of torture will be prohibited through the powers granted in this Act. Bibliography Faranda, Jon. “Constitutional Rights of Inmates. ”eHow. 2012. 14 Jan. 2012. <http://www. ehow. com/about_5399428_constitutional-rights-inmates. html>. web. Johnson, Kay. “Claim of prison abuse strains Afghan relations. ” Statesman Journal. 8 Jan. 2012: 9A. print. Leahy, Patrick. Torturing Prisoners Is Not Justifiable. ” War. John Woodward, Ed. Current Controversies Series. Greenhaven Press, 2006. Infotrac. WSHS Library. 15 Dec. 2011. <http://ic. galegroup. com>. web. Mehta, Suketu. “ Who wrote the Bill of Rights. ” Buzzle. Com. 2010. 14 Jan. 2012. <http://www. buzzle. com/articles/who-wrote-the-bill-of-rights. html>. web. Members of the National steering committee of A. N. S. W. E. R. “U. S. Violates Geneva Convention. ” Baltimore Chronicle and Sentinel. 6 Feb. 2002. 14 Jan. 2012. <http://baltimorechronicle. com/geneva_feb02. html>. web. Mount, Steve. “Constitutional Topic: Rights and Responsibilties. ” U. S. Constitution Online. 2010. 14 Jan. 2012. < http://www. usconstitution. net/consttop_resp. html>. web. Ninomiya, Kent. “What Is the Patriot Act. ”eHow. 2012. 14 Jan. 2012. <http://www. ehow. com/about_4571771_what-patriot-act. html>. web. Student Handout: Excerpts from the Geneva Convention relative to the Treatment of Prisoners of War. The Torture Question. Frontline. 2005. 13 Jan. 2012. <http://www. pbs. org/wgbh/pages/frontline/teach/torture/hand1. html>. web.