Monday, February 16, 2009

Excerpts on Death Penalty

 

The Death Penalty is a form of torture

 

The cruelty of torture is evident. Like torture, an execution constitutes an extreme physical and mental assault on a person already rendered helpless by government authorities. Abolitionist groups claim that the cruelty of the death penalty is manifest not only in the execution but in the time spent under sentence of death, during which the prisoner is constantly contemplating his or her own death at the hands of the state. Prison is an extraordinarily severe punishment that should not be exacerbated with torture or the death penalty.

 

Torture Defined


Torture of prisoners violates the Eight Amendment’s provision against Cruel and Unusual Punishment, and also constitutes a violation of several international laws. The United Nations Convention on Torture defined 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 he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.”

 

An example of torture in the US Criminal Justice System

 

In May 1998, a lawsuit was filed concerning conditions for death row inmates in Idaho Maximum Security Institution. The suit states that inmates are held in solitary confinement for 163 of every week's 168 hours in small concrete and steel cells with solid metal doors and a narrow slit for a window. Inmates are allowed out of their cells for a maximum of one hour a day, excluding weekends, for recreation, alone and handcuffed in one of 12 enclosed wire mesh pens measuring approximately seven by 15 feet. The prisoner named in the lawsuit, Randy McKinney, states that he has lived under such a regime for 16 years, and that such treatment constitutes torture.

30 comments:

  1. I think this is a topic hard to chew. I feel very concerned about it, because superpowers like the United States are into this practice. I had already read more about this, and it still disturbs me the fact that so many people have to get under so harsh torturing conditions, when sometimes they are even innocent. Even if they weren’t, I think that no human being deserves to be treated like that. I think that no one can decide over someone else’s life; playing with their life like that.
    Well, that is my reaction to it. About the questions…
    The first and second questions, I think that the confinement makes inmates experience mental anguish. Imagine how it would be to be permitted to nothing else but wait until the time of death arrives. I think it really constitutes a mental torture for them.
    The third, torture is any act intentionally applied to someone by which causes severe physical or mental pain or suffering.
    The fourth, I think that being at death row is a physical and mental torture. It is physical due to the fact that the inmates spend 168 hours in such small cell and that this obviously represents an obstacle for the well-being. Also, it’s mental for the mental anguish it results to wait till the time of our death.
    And finally for the last question, my answer is yes. I really think that death row implies a violation to human rights.

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  2. well in my opinion it could be considered torture but when one starts to think that the person had to have done something terribly awefull to be put in a place where there are no windows or even open space for that matter. so once we as humans start to think about the concequences of our actions and think that measures are to high or extaordinary we have to contemplate that to be put in that situation the person has done an action that put him there.

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  3. 1. yes unless that person expecting knew about it and had thought it through that what they did requiers that action. 2. it would probably be a form or isolation rather than torture. 3. purpousefully inflicting pain on another human in large amounts. 4. no because it is like any other confinement but more strict on hours. 5. a person who lowers themselves to a point to deserve that punnishment

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  4. I think that this topic is really strong and really true because prisioners shouldn't be treated like that because they are people and people should be treated with respect, putting aside whatever they have done in the past.
    I really don't like the way they are treated, because they are not going to do anything about the past (unless we had a time machine) and we really have to pay attention to those people because some may really experience a little bit of guilt. I think those kinds of people should have like a kind of "price" like for example not being tortured as much as de others, because they may not diserve it and are paying the price of someone else.
    I really think that death row inmates are experiencing mental anguish because they are just there sitting in a cell waiting for nothing more than the day they are going to die and it is really frustrating that those inds of people suffer that way, with the fact that I'm totally against death penalties. And it really constitues torture because they are somehow damaging that person's way of seeing life and they are totally ruing the life they have left.
    I think that torture is any kind of damage, talking about mental, physical, phsycological, or even emotional damage that third person can cause to anyone.
    I think that being in death row is more of a mental damage because tey are really not suffering until the day that they die, but instead they are torturing that person with all the things they can get to say, even if they are only intencionally.
    I think that being in death row really affects a person's dignity and it is absolutely violating the person's human rights because a person hould be free and enjoy the world around, and being in a prison is no way of enjoying the time he/dhe has left.
    I think that if I was in that situation, or a family member was, I would try and support him/her in everything I could to make the time he/she has left and really make it worth it.

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  5. I’m not in agreement with death penalty, for many reasons that I will mention. First of all who are we individuals, to take other people’s life? And I think in this question enters another message for those who kill in order to get what they want. I know we all make mistakes and I know that those who are in jail are because they do things against law, so I infer that those who have been sentenced with death penalty are for major reasons or major violations to laws. So here comes my point, aren’t law and rights related? And isn’t life the most important right that we as humans beings have?
    And here are my answers to the five questions: I think the inmates have so much stuff on their mind and I feel bad about that because I can’t imagine what that could feel like, and I may sound awkward but this made me remind about this t.v. show “Prison Break” in which they had a death penalty case, so I think the situation definitely constitute torture because they must have been thinking how much pain they’ll experiment. I’ll define torture as a punishment which releases pain and ends with death, against someone because of making something mean against someone or something. This make the individual torture himself more because they are definitely thinking what is coming next and as I mentioned before I can tell that physical torture too because of the way is described on the tv show. And as I mentioned before I think definitely they think as well as me that they’re violating their human rights.

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  6. TORTURE =S
    For me, torture is treathing someone, physical and psychological abuse, and putting him/her in a situation in which his/her life is on the hands of another person(s).
    I think that torture either mental or physical is something really bad, but though I'm catholic and I believe in god, I think that there are some persons that really deserve torture, maybe not death, but a really severe punishment so that they pay what they did.
    In the case of death row inmates, I think that they really suffer a lot, imagine just being locked between four walls, just waiting for the day in which your life will end; and of course, it is a form of torture, mental because they might go nuts with their heads spinning around with the thought that everything is over, and physical because the government has taken the decision to kill him, and if he is lucky, he won't suffer a lot.
    I think that this situation violates human rights, because the Constitution of Human Rights states that no one has the right to private anybody else from his/her life; but in death penalties, the government is kind of breaking this law because they choose to kill; and in my opinion I think that the ones who must be killed are rapers, pedophyles, high risk kidnappers, and narcotraficants, because if not, years later they will be put out on liberty, and most of them will just go and commit more crimes again

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  7. About edgar's comment I agree with him in the fact that I think most of the row inmates while they are seeing their day coming I think they start realizing more about their acts and what they've done, though it could be too late.

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  8. I think that every one here has really close opinions as some of us and we can also see that we also agree con some other things too.
    For example, what Fabiola said is really true because the U.S. thinks it is a really superpower country and they can do whatever they wanto to who ever they want to.

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  9. but if the people are in death row they must have had done one of the wort possible things to deserve a punishment like that

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  10. I don't agree with martha because she says that prisoners are people and that they deserve respect, but i think that they don't deserve it because they lost that respect in the moment they decided to disrepect somebody else, with the crimes they commit. And maybe yes, they don't deserve to be killed because they are people, but why they didn't think about the consequences their action would bring; so in a certain way they deserve it.

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  11. I feel the same about that point guys, but I disagree in the way edgar manage to refer about the ones with death penalty. He says that when we think about what awful thing did they do, to end up in that situation; I think that he's considering to agree that they deserve to be put under such torture. I think he's not considering that we can judge someone like that. We finally all are humans; humans make mistakes.

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  12. but in that case it wouldent be a little mistake it would have to be like a triple homicide or something of the sort to have such a severe punishment

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  13. Yes martha, actually I was thinking or trying to get to that point. It really worries me that such powerful country is still managing those old-century practices in such a modern and developing world.

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  14. I agree with liliana in the point where she says that prisoners suffer mental anguish because of course they do, just by counting the days they have left, they may want to be back in time and never had done what they did; but when the sentence of death penalty is decided, it is too late to regret. And somehow, I feel sorry for that people because we don't know what they do in those places, maybe they suffer a lot, and little by little so it hurts more.

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  15. if we look back in history to where these punishments were applied people actually followed the law and feared that if they did something wrong they had to face a severe punishment

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  16. Edgar, what you think about what I just commented about your opinion minutes ago? Are you considering that we can't judge someone that easy (no matter what they'd done before)'cause we're talking about taking someone's right to live?

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  17. I think that caro's and edgar's opinion is close because we don't have to be mean I know they've done many mistakes and for them to have death penalty they must have done something real bad, though they are still human beings and they can be punish with many years of jail but I don't find a reason why to take them away their lifes.

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  18. I agree with edgar fabiola because, as you said, yes we all are humans, and humans are not supposed to abuse from other humans, and as he said, those persons who are waiting for their sentence never thought or not even care for their action, which might have been really serious, just for being in death penalty. And I also think that most of the time, justice is fair, so almost everyone receives what they deserve.

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  19. I like your opinion fabiola, I mean we are in different times now, we have to get rid of that way of punishment against prisioners.

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  20. Fabiola, in the case i previously presented the person in confinement has killed, not by accident but made a concious desicion to kill and with that i do believe it righteous to take their right to live

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  21. Yes Liliana, but as more and more prisoners are enjailed, more money will be required...and guess what? I think that us citizens who have nothing to do with it are the ones who pay for them in the taxes they charge you I think.
    And besides, most of them, I think, when they are free again will commit another crime, and we don't want that either.

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  22. I really disagree with they way caro and egdar think because they are still people and they really should be treated with a little more respect, leaving aside what they've done.

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  23. And I think that if we were in their position we would like to be treated with a little more respect

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  24. I've noticed something. Edgar and Carolina are very into the same point of view. Liliana and I manage the same view of this situation. We think that we shouldn't mess with someone else's lives, for we feel that something to out of our hands.
    Carolina, I disagree. I don't think that everone gets what they deserve. What about us? Taking away the inmate's right to live, isn't the same as he or she did (imagine that he or she is punished for committing a murder), that doesn't makes us commit the same mistake as him or her?

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  25. lets put it this way would any of you want me out on the streets knowing i killed lets say your mother?

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  26. the judicial system is the one doing the deed not actual humans

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  27. For my conclusion I think we have no reason to take someone else life, even though they commited a crime, they will pay sooner or later, here or there believe me.

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  28. I will conclude saying that is not a fair "punishment" for a person, because his life is not something that can be given back, but forgiveness can.

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  29. Edgar I think the judicial system you talk about, are still humans. Consider it.
    Well, I guess this leaves me to conclude in my personal view that the right to live is something too serious to be treated the way it's been managed in the death penalty and death row issues.

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