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Religion & Law
: Mirror of JusticeScalia on Torture
By Eduardo Penalver
Scalia on torture on the BBC (HT TPM):
"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?"
Full post as published by Mirror of Justice on February 12, 2008 (boomark / email).
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 Holds Forth on the Proper Use of Torture As Experts Debate the Propriety of Such Public Statements
Justice Antonin Scalia has long been criticized for his habit of discussing pending issues before the Court and abandoning a long tradition of restraint by justices in their public appearances...
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...
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