Originally posted by
Yeekim
One may claim that waterboarding people is bad. He may claim it will make them seek revenge. He may claim it will make others sympathize with their cause and grow resentment against waterboarders. And of course the result will be worst when the victim happened to be innocent. And this is all very likely true.
But similar argument may be made against arresting people. Should we outlaw jails?
Any system of justice must include mechanisms for bringing people to justice, mechanisms for determining guilt, and mechanisms for punishing those who have been found to be guilty in accordance with the law.
Justice systems can seek to do this by methods that insist on adherence to due process that respect for principles of fundamental justice
or they can devise systems that depart from those principles to varying degrees.
In my opinion, the US was founded on principles that called for adherence to the principles of the rights of human beings to be treated in certain ways and not to be treated in other ways. The American Constitution and Bill of Rights are two cornerstone documents in the history of civilization. It is entirely possible to have prisons and still have a system based on respect for the basic human rights of individuals. Many nations balance the rights of the individual with the needs of the state. So no, I don't think we need to outlaw jails. It is entirely possible to have a prison system that operates within the context of a justice system that is based on respect for core human rights.
The use of torture, however, seems to me to be anti-thetical to principles of fundamental justice. Accepting the use of torture against suspects is to turn one's back on the development of the principles underlying the basic premises of the Anglo-American justice system from the Magna Carta forward, to say nothing of the developments in human rights in other countries.
It would be very convenient and save a lot of trouble if our justice system was free of notions such as the presumption of innocence, proof beyond a reasonable doubt,
habeus corpus, the rules of evidence and the impartiality of judges. We might even save a lot of lives if we could detain people indefinitely or imprison them without proper trials; but in the broader context of our civilization, it wouldn't be the right thing to do.
Torture is wrong, and the fact that so many Americans seem to be willing to accept that it is carried on under the auspices of their government is disquieting to many people who believed that the United States represented a step forward for humanity.