Water boarding for interrogation is Constitutional

"Water boarding as it is currently described involves strapping a person to an inclined board, with his feet raised and his head lowered. The interrogators bind the person's arms and legs so he can't move at all, and they cover his face. In some descriptions, the person is gagged, and some sort of cloth covers his nose and mouth; in others, his face is wrapped in cellophane. The interrogator then repeatedly pours water onto the person's face. Depending on the exact setup, the water may or may not actually get into the person's mouth and nose; but the physical experience of being underneath a wave of water seems to be secondary to the psychological experience. The person's mind believes he is drowning, and his gag reflex kicks in as if he were choking on all that water falling on his face. CIA members who've undergone water boarding as part of their training have lasted an average of 14 seconds before begging to be released. The Navy SEALs once used the technique in their counter-interrogation training, but they stopped because the trainees could not survive it without breaking, which was bad for morale." (Quote Julia Layton of Duke University) My opponent's definition of punishment: Punishment is 1. the act of punishing. 2. the fact of being punished, as for an offense or fault. 3. a penalty inflicted for an offense, fault, etc. 4. severe handling or treatment. Water boarding is obviously severe handling or treatment. Constitutionally, water boarding is cruel and unusual. "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." Water boarding is unquestionably degriding of human dignity and arbitrary because it has been proven to fail in supplying correct responses from the victim countless times. Therefore, it is punishment, and it also is arbitrary for it doesn't give proper results. And yes, torture, is by American law, illegal. 1. http://usinfo.state.gov... 2. http://library.uchastings.edu... 3. "The federal anti-torture statute is formally known as Title 18, Part I, Chapter 113C of the U.S. Code. The law consists of three sections (2340, 2340A, and 2340B), which define the crime of torture and prescribe harsh punishments for anyone—an American citizen or otherwise—who commits an act of torture outside of the United States. (Domestic incidents of torture are covered by state criminal statutes)" Torturing anyone, is in fact against the Geneva Convention. "Fourth Geneva Convention safeguards so-called "protected persons," most simply described as detained civilians. Detainees must at all times be humanely treated (Geneva III, art. 13, Geneva IV, art. 27). Detainees may be questioned, but any form of "physical or mental coercion" is prohibited (Geneva III, art. 17; Geneva IV, art. 31). " And yes, this is enforced, as you have Guantanomo Bay where soldiers were court martialed. "Most CIA officials say water boarding is not torture, although many see it as a poor interrogation method because it scares the prisoner so much you can't trust anything he tells you. Senator John McCain, who was tortured as a POW during the Vietnam War, says water boarding is definitely a form of torture. Human rights groups agree unanimously that "simulated drowning," causing the prisoner to believe he is about to die, is undoubtedly a form of psychological torture. The international community recognizes "mock executions" as a form of torture, and many place water boarding in that category. In 1947, a Japanese soldier who used water boarding against a U.S. citizen during World War II was sentenced to 15 years in U.S. prison for committing a war crime." (Julia Layton) To conclude, yes, water boarding is cruel and unusual punishment. Regards, Vi