Author Topic: US soldier's guilty plea rejected  (Read 3156 times)

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Offline Bobboau

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US soldier's guilty plea rejected
" if there's enough evidence for the police to know the connection"

it happens, a lot.
think about it this way, a large amount of cercomstantial evedence, that would almost asurably lose in court.
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Offline aldo_14

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US soldier's guilty plea rejected
Quote
Originally posted by Bobboau
" if there's enough evidence for the police to know the connection"

it happens, a lot.
think about it this way, a large amount of cercomstantial evedence, that would almost asurably lose in court.


So there's not enough information to prove the suspect guilty in court, you're saying.

 

Offline Unknown Target

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US soldier's guilty plea rejected
This thread being still at the top of the forum is starting to bother me, so I figured I'd put in my $.02 about the current argument: from what I've read, it looks like the same "Liberator versus everything else." Liberator, just a tip: before you say a statement, even if you honestly believe in that statement, use a different example and see if you still think it's a good idea. If you think that someone beating someone up to get information is good, then fine. But before you state that, think it with two examples: A) using it with some Iraqi insurgent, and then, more importantly, B) use it with yourself.
If you're willing to say that it's ok for everyone to be beat up to be interrogated, including yourself, then I might not agree with your point of view, but I'll still respect it. Otherwise, your opinion means nil to me, because you're only viewing it from one side of the fence.

And anyway, if it was up to me? I can sit here and tell you that if I was kidnapped, and the only way that the police could find me was to legalize torture as an interrogation method, I would gladly die instead. I would not want something so aweful as torture to be inflicted on people.

 

Offline Bobboau

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US soldier's guilty plea rejected
well if you look carefully liborator isn't advocateing violent interogations, he's in favor of more passive pain, like sleep deprovation and chemical inducement, I'm the one sort of defending outright tourchure for information.

killing someone is not acceptable, permenantly mameing them is also not acceptable. asside frome that, *_if_ it produces results* (wich many people clame it doesn't, in wich case I'm against it as being a waist of time) I have no problem with it. so long as those conducting the interogation are absolutely sure that they are correct and are punished if proven wrong.

useing the police example again, if someone is beaten and then later proven innocent, then they would be intitled to major reporations, wich would have to come out of the individuals responcable for makeing the decision. at the very least, I don't think physical evedence gathered as a result of a beating should be tossed out as it is now.
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Offline Flipside

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US soldier's guilty plea rejected
Sleep deprivation, for example Chinese Water Torture is actually one of the most horrific forms of torture in many ways, it leaves mental scars that can last for the rest of the persons life. Lack of REM sleep for a long period of time can scar a person deeply.

Someone will admit to anything to be allowed to sleep.

http://serendip.brynmawr.edu/bb/neuro/neuro01/web3/Ledoux.html
« Last Edit: May 07, 2005, 02:08:06 pm by 394 »

 

Offline aldo_14

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US soldier's guilty plea rejected
Quote
Originally posted by Bobboau
well if you look carefully liborator isn't advocateing violent interogations, he's in favor of more passive pain, like sleep deprovation and chemical inducement, I'm the one sort of defending outright tourchure for information.

killing someone is not acceptable, permenantly mameing them is also not acceptable. asside frome that, *_if_ it produces results* (wich many people clame it doesn't, in wich case I'm against it as being a waist of time) I have no problem with it. so long as those conducting the interogation are absolutely sure that they are correct and are punished if proven wrong.

useing the police example again, if someone is beaten and then later proven innocent, then they would be intitled to major reporations, wich would have to come out of the individuals responcable for makeing the decision. at the very least, I don't think physical evedence gathered as a result of a beating should be tossed out as it is now.


There's no such thing as 'passive pain'.... sleep deprivation, chemical inducement, etc are still torture, still prohibited, and still ****ing evil things to do to people.   They're also still dangerous in terms of long term consequences.

It's erasy for people to downplay psychological torture, because they don't have the same mutilated, bloated bodies to look at in the papers the next day, and because mental damage and suffering isn't as easy to capture in a polaroid.  These methods aren't used because they're 'kind', they're used because they cause pain in a different way to beatings.  It's designed to destroy a human being, to make them completely mallable.  And even that doesn't work (and this has been evidenced in many, many cases) in terms of extracting reliable information; even when the guy you torture tells you the truth, how can you extract it from the stuff he says to please the torturer?

(that's a reason why evidence gained from torture is not admissable; another obvious thing is that if someone is willing to beat a confession out a suspect, they're probably also willing to support it by planting or faking evidence against them - it throws the whole legitimacy of the criminal investigation into doubt)

You can only begin to even defend the use of  torture in a system where you can prove guilt without a doubt, i.e. to prove that you're not torturing an innocent person.  But that some system doesn't exist, and if it did we wouldn't need to use torture for information.

Reparations might sound a good idea, but what amount of money can compensate for being tortured?  Even if the victim of torture isn't permanently physically damaged, they'll suffer the psychological consequences of it for years, maybe the rest of their life; how much money could compensate for such permanent trauma?  And what of the people who die - even accidentally (from an undiagnosed heart defect, for example) under such interrogation?

I think the most illustrating thing about torture is that it's main uses have been as a form of terrorism by despotic governments.  It's a method of inflicting pain, and then justifying it with the coerced information.  It means everyone is guilty (no-one can hold out forever), so the state can repress, beat, imprison etc any and every person.

 

Offline Bobboau

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US soldier's guilty plea rejected
"but what amount of money can compensate for being tortured?"
I don't know, ten million sounds nice, and knowing the guy who beat you is haveing to pay it off even better.
if someone dies than who ever was in charge is ****ing screwed, neglegent homocide.
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Offline aldo_14

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US soldier's guilty plea rejected
Quote
Originally posted by Bobboau
"but what amount of money can compensate for being tortured?"
I don't know, ten million sounds nice, and knowing the guy who beat you is haveing to pay it off even better.


So, in other words you'd never see that amount of money.

I'm not sure any amount of money would compensate for the sort of extreme mental trauma caused by torture, anyways (I know that a group of British nationals suing the Saudi government after being tortured into confessing to what were militant bombings were each offered £1m 'hush' money from the Saudis and rejected it).

and who decides how much torture is 'worth', anyways?  how do you place price tags on sleep deprivation versus water torture?  How could you have a functional system that allows police torture of innocent civillians (remember, everyone is innocent until proven guilty), and yet which also places penalties upon the people told to follow those rules?  And, would that mean a criminal convicted of assault, rape, etc could just as easily opt to pay instead of serve time?

Quote
Originally posted by Bobboau
if someone dies than who ever was in charge is ****ing screwed, neglegent homocide.


I'm sure that'd be a great consolation for the dead guy.

 

Offline Bobboau

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US soldier's guilty plea rejected
no you'd get it, in a lump, and the guy responcable would be paying for his mistake for the rest of his life.

you'd work it out like most things of this nature, you'd sue the guy(s), and get as much from he(them) as you can convince a jurry you deserve.

it'd be sort of like wrongful imprisonment.

"I'm sure that'd be a great consolation for the dead guy."
I'm sure letting a guy off who raped and ate a 6 year old because when the cops found him they beat the crap out of him is great consolation to the parents of the child.
go perfict world!
« Last Edit: May 07, 2005, 03:28:32 pm by 57 »
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DEUTERONOMY 22:11
Thou shalt not wear a garment of diverse sorts, [as] of woollen and linen together

 

Offline aldo_14

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US soldier's guilty plea rejected
Quote
Originally posted by Bobboau
no you'd get it, in a lump, and the guy responcable would be paying for his mistake for the rest of his life.

you'd work it out like most things of this nature, you'd sue the guy(s), and get as much from he(them) as you can convince a jurry you deserve.

it'd be sort of like wrongful imprisonment.


So the state - the taxpayers - would finance it; how many police do you think make even a million in disposable income across their life?  

And if it's an allowed part of a policemans job to torture suspects, what makes it fair to only allow them to torture guilty suspects when evidence obtained during torture is known to be unreliable and the justice system has to treat all suspects equally in terms of rights.  

Are you suggesting the police should function on a basis of assumption of guilt?  Otherwise when is torture allowed?  After sufficient evidence to convict?  Then what is it useful for?

When police are punished for the likes of wrongful imprisonment, it's because of a breach of protocol; incorrect procedure in investigation.  What you suggest is a protocol which would legalise torture, but only within an ambiguous context post-conviction - and where the evidence obtained during that torture would be used to convict.

A system that would make it easier to beat a confession out of a suspect - even an innocent one - and get them convicted than it is to find the right suspect.  

and what of unsolved cases, where no conviction is made?  If all those suspects tortured and brutalised are never proven innocent by the conviction of another, isn't it just a mechanism to facilitate state terror?

Quote
Originally posted by Bobboau
"I'm sure that'd be a great consolation for the dead guy."
I'm sure letting a guy off who raped and ate a 6 year old because when the cops found him they beat the crap out of him is great consolation to the parents of the child.
go perfict world!


If the cops find him, and beat him, and the evidence that would be used to convict him is obtained from that, then the evidence itself is unsound and so is the conviction.

If the police have the evidence to convict him without beating him, then beating him is simply assault.  Understandable in the circumstances, but still a criminal act in and of itself.