THE BORE

General => The Superdeep Borehole => Topic started by: AdmiralViscen on April 30, 2008, 12:35:24 AM

Title: "Justice Scalia, isn't torture cruel and unusual punishment?"
Post by: AdmiralViscen on April 30, 2008, 12:35:24 AM: "No! Who ever said torture is punishment?"

Totally dead ass. That was his response.

Thanks TDS.
Title: Re: "Justice Scalia, isn't torture cruel and unusual punishment?"
Post by: max_cool on April 30, 2008, 02:12:13 AM: umm, how IS torture punishment.

The same techniques employed in torture could be used to punish but that doesn't mean that torture is punishment. One can torture without punishing and punish without torture. Scalia is right, torture is not punishment
Title: Re: "Justice Scalia, isn't torture cruel and unusual punishment?"
Post by: AdmiralViscen on April 30, 2008, 02:13:59 AM: Well, that settles that! Onward, Guantanimo!
Title: Re: "Justice Scalia, isn't torture cruel and unusual punishment?"
Post by: Mandark on April 30, 2008, 03:21:45 AM: Most legal types think the 5th Amendment bans torture, not the 8th.

I see the logic, but it's pretty silly. If something is too cruel for punishment, how can it be legal as something other than punishment? Especially if you're arguing from original intent.
Title: Re: "Justice Scalia, isn't torture cruel and unusual punishment?"
Post by: AdmiralViscen on April 30, 2008, 10:43:07 AM: Every response in this thread is more nuanced than his.
Title: Re: "Justice Scalia, isn't torture cruel and unusual punishment?"
Post by: Tauntaun on April 30, 2008, 11:35:20 AM: I was watching that last night and laughing bitterly. :'(
Title: Re: "Justice Scalia, isn't torture cruel and unusual punishment?"
Post by: APF on April 30, 2008, 01:00:56 PM: Quote from: Mandark on April 30, 2008, 03:21:45 AM
I see the logic, but it's pretty silly. If something is too cruel for punishment, how can it be legal as something other than punishment?

Isn't that like saying, if A is A why isn't it B? It doesn't seem like your counter-argument follows.