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Jan. 27, 2024 - Lionel Nation
09:21
It's Time to Consider Torture As Punishment
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I have always been fascinated by how we apportion different forms of punishment.
Certain things are okay, certain things aren't.
Capital punishment?
No problem.
Take someone's life.
Remove their life.
Extinguish their life.
Terminate their life.
End their life.
The Constitution is absolutely clear about that.
No problem whatsoever.
The only thing it requires is due process.
That's it.
Life, liberty, and property, as long as there's due process.
Period.
Now.
It would seem to me that if you can take someone's life, if the ultimate punishment is acceptable, namely death, then certainly something short of death should likewise or should absolutely be acceptable as well.
If you can kill, then you certainly should be able to do something short of killing, namely torture.
Now, torture has been something which has been forever And this came up years ago during the notion of terrorism.
The ticking time bomb scenario.
Professor Dershowitz talked about it.
The idea is that you have...
Found out that through interrogation there was going to be a bomb that is going to be detonated for sure.
And that you have somebody who knows the location of this bomb.
Where lives could be saved.
Where terrorism could be averted.
But, despite all of your attempts to get this individual to do the right thing and to listen to his You know, conscience.
He doesn't seem to care because he's a terrorist.
So what do you do?
Well, you bring out a little vat of number nine axle grease and a soldering iron.
And you say, I'm going to cauterize your cloaca if you don't tell me where that bomb is hidden.
Now, is there anything wrong with that?
Many people, including Dershowitz, said that there should be a torture warrant.
There should be some FISA court equivalent, some ad hoc emergency group who listens to your case, listens to the particular facts, determines whether there's probable cause to issue a warrant for torture, whether it would be constitutionally expedient.
Whether it's necessary, whether disaster is imminent, whether this is blah, blah, blah, blah, blah.
And as that occurs, as it happens, the court decides, yea or nay, and torture may be then implemented.
Now, what form of torture?
I think we've heard of waterboarding and things like that.
I don't know.
I go back to what I said before.
Torture is short of death.
Death is constitutionally permissible.
Therefore, anything short of death should likewise be constitutionally permissible.
Excruciating torture.
Let me ask you, what do you think would be the most or would act the most as a deterrent for somebody who's thinking about Raping or hurting or harming?
If you found out that beginning January the 1st, those individuals who were accused and convicted of shoplifting at CVS would be taken to the courthouse lawn and set on fire,
do you think that would have A positive or a negative effect in the frequency of those people who were still engaged in petty theft and retail theft of CVS stores.
Something tells me, if the word got out, you know, if you're convicted, they set you on fire.
I think there would be a few who would test it.
There would be a few, obviously, who would say, nah!
But I think after a while, people would say, you know what we're going to do?
We're going to move on because, you know, it's just not worth it.
It's just not worth it.
And if there was something also that was expedient, or that was more, dare I say, celeritous, quicker, faster, something that involved itself in a more expeditious application of justice, where torture was quick, And fast, and there was a green-lighted, kind of a speedy trial, so to speak.
So they didn't languish in jail for years and years.
A special docket, a special court, a special green-lit or green-lighted, celeritous, expeditious, judicially swift.
Application of the laws and the like, I think it would have a marvelous effect.
And I think that for those who are involved in this law and order world, those who believe that punishment is necessary in order to explain to these people that we as a society are that serious when it comes to the application of judicial force and remedies.
And vindication, especially when our innocent civilians are hurt or harmed by these miscreants, I think we ought to be a little bit more creative.
And I think we should be thinking to ourselves, you know what?
It's probably a good idea for us to do everything in our power, everything, to make sure that these folks get the message.
That if you hurt or harm or rape or kill or torture or abuse or in any way victimize our citizens, you will be able to be afforded and you will be susceptible to the full panoply, the full, dare I say, the full, the whole Megillah, so to speak, of all of our...
And all you have to do to successfully protest this, if you find this to be draconian and awful and terrible, is don't kill.
Don't commit murder.
Don't hurt our children.
Don't hurt our citizens.
Don't steal.
Just do what you're supposed to do.
And if everybody did that, these particular penalties would be rendered extinct.
Through non-use and non-application.
Because that would be one of the benefits of law-abiding citizenry, which I think is the goal in the first place.
What do you think?
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