Should a verdict obtained by torture exclude capital punishment?

[cgrindley]

Poll question: Should a verdict obtained by torture exclude capital punishment?

I don't know if I'm wording this correctly, but if evidence obtained by torture leads to a conviction, should capital punishment be excluded as a possible punishment? Personally, I do not believe in capital punishment in any circumstance, but I know that some people here do support it... so....

[HiFructosePronSyrup]

1. A verdict obtained by torture should exclude any punishment.

Except for punishment of the torturers.

[bryant69]

4. I tend to agree with this. once you torture the subject all evidence is suspect

and you can't go to trial. Return them to their home countries if they aren't US Citizens.

Bryant
Check it out --> http://politicalcomment.blogspot.com

[cgrindley]

7. Me too. I should have put that on the poll

If you're tortured by the government, I don't care what you did. You should be freed with an apology.

[electropop]

8. I agree. Torture is a "get-out-of-jail" card in civilized societies.

If and when we become civilized again, that's how it will be. The Constitution prohibits it, so when the rule of law is restored, we will prohibit torture and disqualify all cases based upon it.

[Iggo]

2. C.

[Orrex]

3. Seconded

[ayeshahaqqiqa]

5. You know, don't you, that the "witches" who "confessed" at Salem

were all tortured. That tells you how "valuable" torture is in getting at the truth.

[JustABozoOnThisBus]

6. How do you obtain a verdict by torture?

Waterboard the jurors? Tase 'em?

If you obtain a confession or other evidence by torture, I think it's normal to throw it out. Military courts may work otherwise.


Your honor, the perp told us everything we told him to tell us.
Yes, officer, but your police cruiser was parked on his foot.
Oh, yeah, your honor, we want to add the charge of "trying to trip an official vehicle".

[leftofthedial]

9. NO VERDICT should be obtained by torture

Torture is coercion and evidence obtained through torture should be disallowed in any legal proceeding.

[Deep13]

10. Should be just plain inadmissible. nt

[cgrindley]

11. These 9-11 guys are bad, granted, and they probably shouldn't go free

maybe the driver guy, he doesn't seem very important, but I feel really really unhappy with the knowledge that they were tortured and I think it's wrong for them to be executed.

[Deep13]

16. Let me clarify what I meant.

Any information or confession obtained through torture or threats thereof should be inadmissible to prove guilty or to demonstrate the need for capital punishment. It is prohibited under the 5th Amendment anyway.

[bpeale]

12. to me, torture is capital punishment

so yes, i think the death penalty should be excluded.

[pitohui]

13. i don't vote in polls because of the spying/gotcha scandal but...

let's be real, "evidence" obtained by torture should never be admissable in any trial, capital trial or hell shoplifting trial or traffic ticket trial

seems pretty simple to me

let all evidence gathered as a result of the torture be excluded and if any genuine evidence remains other than the babblings of men made crazy by pain, then by all means, let's hear it in a public court of law

[cgrindley]

17. What are you talking about spying/gotcha?

care to explain?

[NNN0LHI]

14. You forgot the "The torturers should receive capital punishment." option

[cgrindley]

18. They should packed off to The Hague for certain

but no one should ever face capital punishment.

[zbdent]

15. Maybe we should ask someone who knows something about torture ...

"Oh Mister McCain ..."

[The Stranger]

19. Do you mean capital punishment of the torturers?

[Wizard777]

20. Confessions obtained under duress are typically inadmissable.

This confession was obtained by torture. That is extreme duress.

[Orsino]

21. Torture should trigger prosecution of the torturers. n/t