Murphy 1

Amber Murphy
Mr. Clark
History Paper
5 January 2009
Cruel and Unusual Punishment
Torture is a vile and depraved invasion of the rights and dignity of an individual,
a crime against humanity, for which there can be no possible justification! "#nnes$ %&.
A''ordin( to the )ill o* +i(hts amendment number ei(ht$ ,-'essi.e bail shall
not be re/uired$ nor e-'essi.e *ines imposed$ nor cruel and unusual punishments
inflicted!0 dare # say that 1'ruel2 and 1unusual2 punishments in'lude blo3s 3ith a blunt
instrument$ 'uts or pri'ks 3ith a sharp implement$ stret'hin( and t3istin($ 'ompression$
and mutilation "#nnes$ 54&. ,a'h o* those are pure e-amples o* the plain de*inition o*
1torture20 yet all o* those ideas and 3ret'hed .isions o* human pain are 'urrently
happenin( all o.er the 3orld.
5orture is essentially blatantly hurtin( another human bein( *or some 1purpose*ul2
reason$ e.en thou(h *or all anyone kno3s$ that person 'ould be 'ompletely and utterly
innocent. 5orture o''urs be'ause men seekin( ans3ers to /uestions re*use to a't in a
rational$ human state6they pre*er to maintain animalisti' /ualities a(ainst their o3n
ra'e$ e.en thou(h many o* the ans3ers to the /uestions they seek are unans3erable0 and
those /uestions may ne.er be *ully ans3ered. 7i'tims o* torture are most o* the time
suspe'ted o* serious 'rimes$ but 3ho is to say that one man is (uilty 3hen no one has any
proo*8 #* there is no physi'al e.iden'e that pertains to apparent and 'lear 3ron( doin(
pertainin( to a suspi'ious 'ase$ then one should definitely not be tortured.
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#n 9ran'e$ durin( the month o* :o.ember 195;$ Paul 5eit(en 3as *a'ed 3ith a
strenuous de'ision to make re(ardin( the sa*ety o* one man$ or the prote'tion o* hundreds
o* inno'ent li.es. <n that *ate*ul day in :o.ember 9ernand =.eton 3as 'au(ht red>
handed pla'in( a bomb in the 3orkpla'e 3here he 3as employed. Poli'e immediately
'aptured =.eton and /uestioned him about the in'ident. ?urprisin(ly he re.ealed to the
poli'e that he had planted another bomb$ ho3e.er$ he re*used to dis'lose the e-a't
lo'ation o* the de.i'e. 9rustrated$ the Chie* o* Poli'e be((ed his 'ommandin( o**i'er to
permissibly torture =.eton. Hesitant to do somethin( so drasti'$ 5eit(en told the Chie* o*
Poli'e to 3ait and see 3hat 3ould 'ome to pass be*ore he did any harm to the man. A
hero o* the 9ren'h +esistan'e 3ho had been tortured repeatedly in @orld @ar ##$ 5eit(en
3as 3ary o* puttin( someone throu(h the same se.ere *ate he had been throu(h himsel*.
,.entually$ the bomb did not detonate and Paul 5eit(en 3as reli.ed$ sayin($
I refused to have him torturedThank God I was right [about the bomb]
!ecause once you get into the business of torture, you"re lost #nderstand, fear is the
basis of it all $ll our so%called civili&ation is covered with a veneer 'cratch it, and
underneath you find fear!.
5orture has been used *airly 'ommonly throu(hout .arious time periods all o.er
the 3orld. Used to in*li't serious pain and terror in its .i'tims$ di**erent methods o*
torture are 3idely used "and a''epted& in se.eral 'ountries. Personally$ # disa(ree 3ith
torture. # belie.e it is appallin( and 3ron(. @hat (i.es one person the ri(ht to physi'ally
a**li't brutal and detestable pain on another8 #s that not inhumane8 #s that not despi'able$
re.oltin( and plain si'kenin(8 5hink about itAi* someone had you strapped to a 'hair
and they 3ere .i(orously interro(atin( you "shoutin( at you$ slappin( your *a'e$ et'&
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be'ause they 3anted ans3ers to somethin( you had absolutely no 'lue about$ 3ould you
e.entually (i.e them the ans3ers they 3anted to hear8 #* someone broke one o* your
*in(ers e.ery time they thou(ht you 3ere lyin( to them "and you 3ere not&$ 3ould you
ultimately tell them 3hat they 3ished to hear8 Bie$ sell yoursel* out$ do 3hate.er it took
to stop the pain8 # 3ouldAit is human nature to a.oid pain. ?o$ all that bein( said$ torture
is not /uite lo(i'al0 the lo(i'al thin( *or someone to do in that position 3ould be to sell
out!$ and i* that is the 'ase then 3hy does one torture others8 #nno'ent people 3ill most
likely 'a.e in and (i.e up Cust to e.ade the pain0 there*ore$ nothin( 'an be a''omplished
at all.
A .i'tim o* torture bra.ely reli.es apart o* the horrors and shames in.ol.ed 3ith
bein( se.erely hurt and un'ared *or in any 3ay$ shape$ or *orm o* any kind 3hatsoe.erA
$ team came in, stripped us of all our clothestied up our hands with handcuffs
and hung us up on the ceiling with a ropeThey interrogated me again and asked the
same (uestions, to which I gave the same answers 'o they whipped me with a car"s fan
belt$ltogether I may have been given )* to +* lashesafter a while I lost
consciousness completely They ,treated" my wounds the same way they treated my
friends"they took him down, poured salt and curry powder on his backand then
urinated on [him]! "#nnes$ 5D&
#n the /uote abo.e$ the man re'alls (i.in( his torturers the truth and bein(
'onsistently beaten until he passes out0 his 3ords ne.er re.eal 3hether he 'ontinued to
(i.e his 'ruel torturers the same ans3ers or 3hether he e.entually (a.e in$ but either
3ay$ be'ause he did not (i.e them 3hat they 3anted to hear he 3as se.erely beaten until
un'ons'iousness o.ertook his *ati(ued body.
Murphy D
<ne 3hom is 'learly and si(ni*i'antly opposed to torture 3ill probably
mistakenly state that he or she is not 'apable o* any kind o* torture in any 3ay$ shape$ or
*orm. Ho3 e.er$ in 19%D ?tanley Mil(ram and his team and the Uni.ersity o* =ale
de'ided to test that theory. ?tanley and his team set up a proCe't to e-periment dealin(
3ith human obedien'e0 Mil(ram and his team told people it 3as a 1study on memory2.
5he appli'ants 3ere told that 1people learn thin(s 'orre'tly 3hene.er they (et punished
*or makin( a mistake2. ,a'h .olunteer 3as introdu'ed to someone 'alled a 1learner2. 5he
1learner2 person 3as strapped in an ele'tri' 'hair 3ith his hand on a metal plate. 5he
e-perimenter 3as seated in *ront o* a panel 3ith a ro3 o* s3it'hes ea'h labeled *rom 15>
D50 .olts. 5he last *our s3it'hed on the panel 3ere labeled Ean(erF ?e.ere ?ho'k!.
Under the 'ontrol o* Mil(ram2s team the .olunteers 3ere ordered to s3it'h to a hi(her
.olta(e ea'h time their learners (a.e a 3ron( ans3er to a pre.ious /uestion. 5he
.olunteers 3ere una3are that the s3it'hes 3ere dummies and that the 1learners2 3ere
only a'tin( 3hen they s'reamed and be((ed *or mer'y as the ele'tri' .olts be'ame hi(her
and more pain*ul. Althou(h many .olunteers protested at the apparent e**e'ts$ they
'ontinued to obey orders. All in all 26 out of 40 volunteers continued administering
shocks up to the maximum voltage "#nnes$ 9&.
5his study not only sho3ed the deliberate and obstinate obedien'e most people
possess$ but also the si(ni*i'ant amount o* numbness held in one2s heart re(ardin( a
'omplete but helpless stran(er.
My opinion is simple on tortureF re*rain *rom itA'ompletely. Ho3e.er$ the study
on human obedien'e! done by Mil(ram and his team 3as sin'erely remarkable0 to kno3
that e.en #$ one 3ho abhors the thou(ht o* a human soul bein( tortured$ 'ould possibly
Murphy 5
hurt another in the .ery same 3ay that # am so a(ainst. Mil(ram truly opened my eyes
3ith that e-perimentF humans are 'apable o* astonishin( thin(s.
And #2m not the only one 3ho a(rees 3ith that 'on'ept0 a''ordin( to ,d3ard M.
Gilbreth$ author o* -ould .ou /ull the 'witch on a 0apist1, he states$ #n this day and
a(e$ 3hen so many appear to sho3 (reater 'on'ern *or the perpetrator than the .i'tim$
perhaps it2s not surprisin( that rape o* post>pubes'ent (irls$ many o* 3hom 'ertainly look
and a't like adults!$ should not be 'onsidered a 'apital o**ense. ":e.er mind that most
.i'tims 3ill be horribly s'arred *or li*e$ su**er .arious elements o* post traumati' stress
disorder$ intra'table ni(htmares$ et'.$ 3hile the rapist (ets to loun(e around in Cail *or a
*e3 years dreamin( about his ne-t .i'tim! "Gilbreth$ 1&
Gilbreth states that no one has any sympathy *or .i'tims anymore$ e.en thou(h
the .i'tims are dread*ully s'arred *or the rest o* their li.es$ 3hi'h is a'tually re.ersin( the
ordinarily 'lear .ie3s o* 1ri(ht2 and 13ron(26there*ore submittin( the .i'tims to further
a'ts o* 'ruel and unusual punishment.
?peakin( o* sti'kin( up *or the a''used rather than the 3ron(*ully 3ounded$ Peter
Heane$ a 'riminal Custi'e la3yer belie.es that e.eryone "in'ludin( ob.iously (uilty
people& deser.e to ha.e at least one person on their side.
Many o* ItheJ people # helped a'/uit 3ere (uilty. ?ome 3ent on to 'ommit other
'rimes. <ne 'lient *ound not (uilty o* murder killed another person shortly a*ter his
release. # de*ended him a(ain the se'ond time. He 3as 'on.i'ted but not be'ause #
de*ended him 3ith any less .i(orA.#n 'ourtrooms # 'on*ronted .i'tims 3hose li.es$
bodies$ and o*ten 3hose .ery souls had been *ore.er shattered. ?ometimes$ in their eyes$ #
sa3 members o* my o3n *amily. ?ometimes # sa3 mysel*. 5he battle 3ithin me 3as
Murphy ;
*ier'e and it took its toll in sleepless ni(hts$ an-iety$ and depression. )ut in the end$ my
belie* in 3hat # 3as doin( pre.ailed o.er my mis(i.in(s! "Heane$ 1&. Perhaps the most
disturbin( part in Heane2s /uote 3as a*ter he mentioned absolutely kno3in( *or a *a't
that the people he 3as de*endin( 3ere per*e'tly a3are and liable *or 3hat they had done.
Hno3in( that *a't$ de'idin( to de*end them$ and then re'o(niKin( the *a't that the .i'tims
had been se.erely dama(ed throu(h the 3hole pro'ess but still pursuin( his 'lients2
inno'en'e disturbs me0 it is a si(n o* 'ruel and unusual punishment to3ards the .i'tims.
Cruel and unusual punishment is bein( .ie3ed more and more as a Coke. <ne man
3ho 3as held up in an #ra/i prison had been beaten numerous times and had had his
*in(ers stepped on. @hen brou(ht to the 'ourt$ o**i'ials simply said$ A 'ertain amount o*
.iolen'e 3as to be e-pe'tedAstrikin( doesn2t mean a lotAbreakin( a rib or bone6that
3ould be e-'essi.e!. Another la3yer in the 'ourt said$ # 3ouldn2t term it abuseAit 3as
intimidation$ not torture! "Eayan$ 4&. 5hat bein( said$ ho3 3ould you like to be slapped
around$ stepped on and then told to basi'ally /uit 3hinin( be'ause no one 3as a'tually
hurtin( you$ they 3ere intimidating you.
Cruel and unusual punishment 'an be de*ined in many$ many di**erent 3ays.
Ho3e.er$ one de*inition is 'rystal 'lear to me$ :o e-'eptional 'ir'umstan'es
3hatsoe.er$ 3hether a state o* 3ar or a threat o* 3ar$ internal politi'al instability or any
other publi' emer(en'y$ may be in.oked as a Custi*i'ation o* torture! "#nnes$ 1L%&. 5here
is no .alidation$ Custi*i'ation or rationaliKation *or any *orm or any sort o* torture in the
least. #t is a .iolation o* one2s ri(ht$ prote'tion$ and *reedoms in e.ery sense o* those
3ords. 5orture is$ and 3ill al3ays be entirely and absolutely immoral and 3ron(.
Murphy %
)anner$ ?tuart. 5he Eeath Penalty0 An Ameri'an History. Cambrid(eF Har.ard Uni.ersity
Press$ 2004.
Eayan$ Joan. Cruel and Unusual!. )oston +e.ie3. :o.. 200D.
httpFMMbostonre.ie3.netM)r29.5Mdayan.html
Gilbreth$ ,d3ard M. Charleston :e3s. Jul. 2004.
333.'harleston.netMne3sM200LMCulM04M'ouldNyou.html.
#nnes$ )rian. 5he History o* 5orture. ,d. )rian )urns. Great )ritainF )ro3n Pa'ka(in(
)ooks$ 199L.
Heane$ Peter. ,.eryone Eeser.es Ee*ense.! :P+. 20 <'t. 200L.
333.npr.or(MtemplatesMstoryMstory.php8storyidO95L954%9PpsO'prs.html
@ikipedia.'om.