"You can't come in smugly and with great self
satisfaction and say 'Oh it's torture, and therefore it's no good'," he
said in a rare interview. . . . In the interview with the Law in Action programme on BBC Radio 4, he
said it was "extraordinary" to assume that the ban on "cruel and
unusual punishment" - the US Constitution's Eighth Amendment - also
applied to "so-called" torture. "To begin with the constitution... is referring to punishment for
crime. And, for example, incarcerating someone indefinitely would
certainly be cruel and unusual punishment for a crime."
Justice Scalia argued that courts could take stronger measures when a witness refused to answer questions. "I suppose it's the same thing about so-called torture. Is it really
so easy to determine that smacking someone in the face to determine
where he has hidden the bomb that is about to blow up Los Angeles is
prohibited in the constitution?" he asked.
"It would be absurd to say you couldn't do that. And once you acknowledge that, we're into a different game. "How close does the threat have to be? And how severe can the infliction of pain be?"
Justice Scalia says courts should not prohibit torture Scalia once wrote that innocence was no justification for another appeal after due process had been granted in death penalty case. February 12, 2008 Supreme Court Justice Antonin Scalia rejected the notion that US courts have any control over the actions of American troops at Guantanamo Bay, argued that torture of terror detainees is not banned [...
Scalia on Torture of Suspects According to the NYT, Scalia said on BBC Radio that it would be ?extraordinary? to understand the Eighth Amendment to mean that ?so-called? torture could not be used in the face of an imminent threat...
Scalia and the Advent of the Celebrity Justice Given the most recent public controversy involving statements made by Justice Scalia on torture, this prior column may be of some interest: HEADLINE: The high court’s enfant terrible Antonin Scalia appears to have every gift and advantage that a jurist could possess...
Justice Scalia and "24" I read the following over at Salon (via Quiz Law):Last June during a panel discussion in Ottawa about terrorism and the use of torture, Supreme Court Justice Antonin Scalia stood up for the TV torturerextraordinaire and hero of Fox Broadcasting's "24...
Does terror trump torture We all know Justice Antonin Scalia is a big fan of 24's Jack Bauer, the fictional hero of the popular television show who sometimes tortures terrorists to derail their fiendish plots and save lives...