Quote: Wikipedia The Eighth Amendment forbids some punishments entirely, and forbids some punishments that are excessive when compared to the crime.
In Furman v. Georgia (1972), Justice Brennan wrote, "There are, then, four principles by which we may determine whether a particular punishment is 'cruel and unusual'."
The "essential predicate" is "that a punishment must not by its severity be degrading to human dignity", especially torture. "A severe punishment that is obviously inflicted in wholly arbitrary fashion". "A severe punishment that is clearly and totally rejected throughout society". "A severe punishment that is patently unnecessary".
G-man, don't you see that these prison abuses and the fact that we're even arguing over torture is destroying the way the world sees us? How long before we push it too far and we're declared terrorists? How long before there's nothing left of the constitution?
HAVE YOU BEEN LISTENING???
The Bill of Rights sets forth the freedoms and privileges extended to American citizens. The individuals in question are not American citizens, therefore they are not guaranteed the same rights and privileges. Once again, the question of whether or not their treatment is excessive cannot and should not be determined in the context of the Bill of Rights. While this may not justify everything that's been done, it should at least clarify which set of rules under which the alleged torturers should be judged. Let's at least try to keep up, Ray.
