Prisoner Torture

Analytical Essay # 116632

Hot Topics > Terror and 9/11
Law > Constitution
Political Science > Terrorism
Political Science > U.S.

Prisoner Torture

An exploration of two opposing viewpoints on Americans' use of torture towards terror suspects.

1,021 words () | 4 sources | MLA | 2009 United States

Paper Summary:

The paper relates the ideology asserted by John Yoo from the Department of Justice that acts must be of a particularly extreme nature in order to rise to the level of torture described within the Geneva conventions' proscription against unconventional tortures. The paper discusses how these standards leave a great deal of freedom open for abuse. The paper then contrasts Yoo's viewpoint with that of Alberto J. Mora who offered many warnings and severe criticism of prisoner abuse. The paper explores the position of the U.S. Constitution on the matter of prisoner abuse and reveals that Constitutional statutes on cruelty and torture have been quite clearly violated by the Bush government's interrogation methods and practices.

Outline:
The Yoo Prerogative of the Commander
The Mora War Crime Advancement Theory
Constitutional Objections

From the Paper:

"It is the perspective of the office of the Assistant Attorney General that acts which inflict, or are specifically intended to inflict, sever pain or suffering, whether mental or physical, as acts within interrogation which may be questionable under the traditional Convention Against Torture and Other Cruel, Inhuman, and Degrading Treatment or Punishment must be scrutinized heavily. Those acts must be of a particularly extreme nature in order to rise to the level of torture described. Further, it is specified that certain acts may be cruel, inhuman, or degrading, however still not produce pain and suffering of the requisite intensity to fall within Section 2340A's proscription against these unconventional tortures. (Bybee 1) This is the same ideology asserted by The Department of Justice by John Yoo, written a year later and sent to the Defense department, as is described below. The opinions of Yoo would be a reflection of this."

Sample of Sources Used:

Mayer, Jane. "The Memo." The New Yorker. Retrieved on 15 May 2008.
"Amendments." The Constitution of the United States of America.
Bybee, Jay S. "Memorandum for Alberto R. Gonzales, Counsel to the President." Office of Legal Council. Retrieved on 15 May 2008.
"Secret Bush Administration Torture Memo Released Today in Response to ACLU Lawsuit." ACLU. Retrieved on 15 May 2008, from: http://www.aclu.org/safefree/torture/34747prs20080401.html