The prohibition against torture as a form of punishment in the American criminal justice system is rooted in constitutional and legal principles. The Eighth Amendment to the United States Constitution plays a crucial role in establishing protections against cruel and unusual punishment. It states:
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
This constitutional provision prohibits the use of torture or any punishment that is considered cruel and unusual. Over time, U.S. courts have interpreted this amendment to provide safeguards against practices that would be deemed inhumane or degrading.
Additionally, various federal and state laws explicitly prohibit torture or cruel treatment. For example, the Federal Torture Act (18 U.S.C. § 2340) makes it a crime to commit torture outside the United States. In the domestic context, state laws and federal civil rights laws also provide avenues for legal action if individuals in custody are subjected to cruel or excessive force.
The prohibition against torture is reinforced by international treaties to which the United States is a party, such as the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). The United States has obligations under these treaties to prevent and prohibit torture in all its forms.
In summary, the Eighth Amendment, federal and state laws, and international treaties collectively form a framework that prohibits the use of torture as a form of punishment in the American criminal justice system.
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