Torture is cruel, it leaves the victims devastated both physically and mentally. Torture comes in varied forms, but the some of the most known are evisceration, immolation, and amputation. Torture is performed without pain inhibitors, so the victims feel everything. In most circumstances, the victim goes into shock from pain and is the brought back with an injection of adrenaline. This procedure can be performed numerous times and often leaves victims with permanent physical trauma and mental trauma.
In other words, in keeping with the objectives of the CJA of keep child offenders out of the formal criminal justice system, arrest of a child is discouraged and only permissible under exceptional circumstances. Answers to question 3 a) The right to assistance to a suspect is entrenched in Sections 35(2) and (3) of the Constitution, is well established in the common law and further embodied in Sections 73(1), (2) and (2A)-(2C) of the Criminal Procedures Act, hereafter CPA. In addition to this right as it is applicable in the provisions noted above, the Child Justice Act also contains provisions that regulate access by accused children to assistance. There are some differences between how it is affected at the pre-trial and trial stage for children and adults. For an adult suspect at the pre-trial stage, the police have a duty to inform the suspect of the right to assistance during arrest, interrogation and investigation with the consequences of being deprived of this right being that it is likely the statements made by the accused will be excluded during their
Criminal law brings the power of state, with all its resources to bear against the person. Criminal procedures are designed to protect the constitutional rights of individuals and to prevent the arbitrary use of authority of the part of the government (Miller, 2013). The United States government provides specific safeguards for those accused of crime and most of these safeguards guard individuals against government actions, as well as federal government actions of the due process section of the Fourteenth Amendment. The constitutional safeguards are set forth in the Fourth, Fifth and Sixth Amendments. This paper describes the 4th, 5th and 6th Amendments from the viewpoint of adult and juvenile criminal court proceedings.
A man turns into a detainee, where on earth he may be, by the basic word or touch of an appropriately approved officer coordinated to that end. Detainment does not definitely infer a position of restriction, with jolts and bars, yet may be practiced by any sort of utilization or show of power, legitimately or unlawfully, wherever showed, even in the open road. For the most part, in coomon man's dialect, detainment is thought to infer a real control in a correctional facility. A private individual, a constable or whatever other such government representative or any state power can wrongly detain somebody
This, together with the routine new additions, literally clogs the system. In many cases, prisoners who are facing charges of grave, professional, violent crimes are outnumbered by others like suspected drug offenders, ticketless travellers, Railway alarm – chain pullers, and a variety of others who have technically violated law. Many of them are in jail only because they could not pay the fines imposed on them by courts. In some cases, prisoners prefer to continue in jail because they just cannot afford even a single meal a day outside! Then there are prisoners who prefer to spend a couple of months in jail then to pay "maintenance" to their wives as ordered by courts.
Torture is the action of willingly hurting a person psychologically or physically. The use of torture by individuals, groups, and authorities has been going on from ancient times until today. In the 4th Century, voices started being raised against the use of torture. In fact, well-known philosopher and scientist, Aristotle, revealed the downfalls of torture, “those under compulsion are as likely to give false evidence as true, some being ready to endure everything rather than tell the truth, while others are really ready to make false charges against others, in the hope of being sooner released from torture”. In order to prevent further terrorist attacks, the CIA had to practice unethical questioning methods such as psychological techniques, sensory bombardment consisting of subjecting the tortured to continuous extremely
Torturing of terrorists gives military and police personnel the necessary means to get sensitive information in a timely manner. Aside from being an information retriever, some people believe that torture can be used as an extra form of punishment for those that they believe death would be too swift and easy. In the eyes of many, torture is still seen as an important tool. Sometimes, interrogators do not ask all the right questions to get the entire truth out of an individual. With torture, the person being tortured tends to give up more information that was currently inquired by the interrogator.
If a person deserves to be harshly punished, imprisonment may be the answer. Say a murdering pedophile was incarcerated, considering a vast number of his inmates were abused as children, it isn 't unheard of for them to gang-rape, castrate, stab, beat to death or behead him. It is possible for jailing to be a worse fate than death. Take Zacarias Moussaoui as an example, a member of the 9/11 hijacking teams caught one month before the attack; since 2006 he has been incarcerated in a tiny concrete cell for twenty-three hours a day with only one hour dedicated to exercise in an empty concrete swimming pool. He has no access to his inmates and barely has any contact with his guards.
Justifying torture should be seen from the light of human nature that seeks for the least harmless outcome; inflicting harm to an agent as the mean of saving bigger number of people. Justifying torture is needed so that it can be well executed, supervised and
Torture can be initiated through causing some form of mental anguish or physical pain, usually in order to gain information from the person being tortured. Torture is usually punishment for a serious crime,but is usually for the purpose of extracting a confession from an accused person. Many wonder nowadays should torture still be used in this day and age. Torture has been around since the times of the Ancient Greeks and is still around today, notoriously used in criminal organizations but also utilized by various governments when dealing with terrorist. Once the torture of Jews at the hands of the Nazis in World War II became knowledge to the public.