Detention and Torture | Criminology Homework Help

Detention can be actualized in different forms such as security detention, administrative detention, preventive and executive detention (Shor & Hoadley, 2019). The main purpose of detention is to act as a preventative measure against future attacks caused by dangerous individuals. Detention policies developed by states in combating terrorism have led to fear and panic while the measures undertaken to ensure security have come at the expense of human rights. Torture is a method used by states to acquire information by inflicting pain and suffering and as such cannot be considered to be a byproduct of conflicts over territories.

Torture can be useful when the interests of a nation are compromised for instance when an individual knows of the whereabouts of a ticking bomb and refuses to offer such information freely therefore law and order in this case can be reconciled with the rule of law when torture is involved. Torture works where the information acquired through torture is actionable, and where no other means would have worked to acquire the same information (Shor & Hoadley, 2019). Experienced interrogators have been quoted indicating that torture could be counter-productive and unreliable therefore majority of competent interrogators do not choose to use torture. It was possible for authoritarian rulers to use torture to enhance their own selfish gains for example Rosa Parks and in a country like America where the president has the power to order for torture if he deems it fit in protecting the country, then it is possible for torture to be misused.

Torture offers a proper policy instrument because certain rules must be met before torture can be ordered such as protecting the interest of a country, the suspect has crucial information and no other means will accomplish the information being sought (Shor & Hoadley, 2019). The necessity defense has merit whether a person is innocent or not because in most times the information required is very crucial, and any delay especially in the cases where a bomb is involved can mean that many lives will be lost if not detonated in time.

 

 

Reference

Shor, E., & Hoadley, S. (2019). International Human Rights and Counter-Terrorism. Springer Singapore.

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