Torture and the Law of Proof

Torture and the Law of Proof

Author: John H. Langbein

Publisher: University of Chicago Press

Published: 2012-04-24

Total Pages: 246

ISBN-13: 0226922618

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In Torture and the Law of Proof John H. Langbein explores the world of the thumbscrew and the rack, engines of torture authorized for investigating crime in European legal systems from medieval times until well into the eighteenth century. Drawing on juristic literature and legal records, Langbein's book, first published in 1977, remains the definitive account of how European legal systems became dependent on the use of torture in their routine criminal procedures, and how they eventually worked themselves free of it. The book has recently taken on an eerie relevance as a consequence of controversial American and British interrogation practices in the Iraq and Afghanistan wars. In a new introduction, Langbein contrasts the "new" law of torture with the older European law and offers some pointed lessons about the difficulty of reconciling coercion with accurate investigation. Embellished with fascinating illustrations of torture devices taken from an eighteenth-century criminal code, this crisply written account will engage all those interested in torture's remarkable grip on European legal history.


Why Torture Doesn’t Work

Why Torture Doesn’t Work

Author: Shane O'Mara

Publisher: Harvard University Press

Published: 2015-11-30

Total Pages: 333

ISBN-13: 0674743903

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Torture is banned because it is cruel and inhumane. But as Shane O’Mara writes in this account of the human brain under stress, another reason torture should never be condoned is because it does not work the way torturers assume it does. In countless films and TV shows such as Homeland and 24, torture is portrayed as a harsh necessity. If cruelty can extract secrets that will save lives, so be it. CIA officers and others conducted torture using precisely this justification. But does torture accomplish what its defenders say it does? For ethical reasons, there are no scientific studies of torture. But neuroscientists know a lot about how the brain reacts to fear, extreme temperatures, starvation, thirst, sleep deprivation, and immersion in freezing water, all tools of the torturer’s trade. These stressors create problems for memory, mood, and thinking, and sufferers predictably produce information that is deeply unreliable—and, for intelligence purposes, even counterproductive. As O’Mara guides us through the neuroscience of suffering, he reveals the brain to be much more complex than the brute calculations of torturers have allowed, and he points the way to a humane approach to interrogation, founded in the science of brain and behavior. Torture may be effective in forcing confessions, as in Stalin’s Russia. But if we want information that we can depend on to save lives, O’Mara writes, our model should be Napoleon: “It has always been recognized that this way of interrogating men, by putting them to torture, produces nothing worthwhile.”


The Torture Papers

The Torture Papers

Author: Karen J. Greenberg

Publisher: Cambridge University Press

Published: 2005-01-03

Total Pages: 1306

ISBN-13: 9780521853248

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Documents US Government attempts to justify torture techniques and coercive interrogation practices in ongoing hostilities.


Does Torture Work?

Does Torture Work?

Author: John W. Schiemann

Publisher: Oxford University Press, USA

Published: 2016

Total Pages: 331

ISBN-13: 0190262362

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Is interrogational torture effective? What do we mean by "effective"? How brutal can torture get and be considered justifiable? In this book, John Schiemann adopts game theory in an attempt to answer these questions, walking the reader through the logic of interrogational torture - and finding that it is far more brutal than proponents believe.


The Torture Debate in America

The Torture Debate in America

Author: Karen J. Greenberg

Publisher: Cambridge University Press

Published: 2005-11-21

Total Pages: 440

ISBN-13: 9781139447034

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As a result of the work assembling the documents, memoranda, and reports that constitute the material in The Torture Papers the question of the rationale behind the Bush administration's decision to condone the use of coercive interrogation techniques in the interrogation of detainees suspected of terrorist connections was raised. The condoned use of torture in any society is questionable but its use by the United States, a liberal democracy that champions human rights and is a party to international conventions forbidding torture, has sparked an intense debate within America. The Torture Debate in America captures these arguments with essays from individuals in different discipines. This volume is divided into two sections with essays covering all sides of the argument from those who embrace absolute prohibition of torture to those who see it as a viable option in the war on terror and with documents complementing the essays.


An Essay on Crimes and Punishments

An Essay on Crimes and Punishments

Author: Cesare Beccaria

Publisher: The Lawbook Exchange, Ltd.

Published: 2006

Total Pages: 274

ISBN-13: 1584776382

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Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.


The Torture Machine

The Torture Machine

Author: Flint Taylor

Publisher: Haymarket Books

Published: 2019-03-19

Total Pages: 384

ISBN-13: 1608468968

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With his colleagues at the People’s Law Office (PLO), Taylor has argued landmark civil rights cases that have exposed corruption and cover-up within the Chicago Police Department (CPD) and throughout the city’s political machine, from aldermen to the mayor’s office. [TAYLOR’s BOOK] takes the reader from the 1969 murders of Black Panther Party chairman Fred Hampton and Panther Mark Clark—and the historic, thirteen-year trial that followed—through the dogged pursuit of chief detective Jon Burge, the leader of a torture ring within the CPD that used barbaric methods, including electric shock, to elicit false confessions from suspects. Taylor and the PLO gathered evidence from multiple cases to bring suit against the CPD, breaking the department’s “code of silence” that had enabled decades of cover-up. The legal precedents they set have since been adopted in human rights legislation around the world.