So what exactly is the "legal" definition of punishment?

[Winterblues]

Can punishment only be dealt out by a judge? Are "Harsh Interrogation" practices punishment? If a cop arrests you, and while keeping you in custody causes you bodily harm can that be considered "cruel and unusual" punishment? One of our Supreme Court Justices says no. Scalia says no forms of torture are "Punishment". These are the people that define what is legal or not....Is there any "legal" logic to what he says?

[MindPilot]

1. I'm not a lawyer, but I say no.

Applying the "reasonable person" test I think a reasonable person would conclude that a person's punishment begins the moment they are apprehended. If that were not the case, then it would not logically follow that someone's time in custody awaiting trial could be applied to their sentence.

[hootinholler]

3. Hmmm, on acquittal is a detainee paid for their time?

Can they collect damages for wrongful punishment?

Interesting angle about which I only have questions.

-Hoot

[rubberducky]

2. Scalia is a very scary person. To hear him spout opinions as a

supreme court judge makes me want to cringe.If ever I needed a reason to vote "D" in Nov., Scalia is that reason.