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Define Torture.

khizarsaud

khizarsaud

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Can anyone define torture, it is not protected in our consitution by the amendment" cruel or harsh punishment".
 
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On a serious note:
Imagine's definition would be the way I see torture being defined
 
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Easter 2013
Doge
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Imagine said:
Torture in my book is anything unpleasant for the victim that goes on for prolonged periods of time.
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So a parent grounding their children from watching TV for 2 weeks would be torturing their kids?

I'm certain the kids would find it unpleasant, and I'm sure 2 weeks constitutes as a prolonged period of time.
 
The actual wording of the Bill of Rights (1791) is as follows:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
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When discussing the ratification of the Constitution, Patrick Henry wrote:
In this business of legislation, your members of Congress will loose the restriction of not imposing excessive fines, demanding excessive bail, and inflicting cruel and unusual punishments. These are prohibited by your declaration of rights. What has distinguished our ancestors?--That they would not admit of tortures, or cruel and barbarous punishment.

But Congress may introduce the practice of the civil law, in preference to that of the common law. They may introduce the practice of France, Spain, and Germany--of torturing, to extort a confession of the crime. They will say that they might as well draw examples from those countries as from Great Britain, and they will tell you that there is such a necessity of strengthening the arm of government, that they must have a criminal equity, and extort confession by torture, in order to punish with still more relentless severity. We are then lost and undone.
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This pretty clearly condemns torture as unconstitutional. As for the definition of torture, the one offered by the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) is satisfactory:
For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
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malakadang said:
So a parent grounding their children from watching TV for 2 weeks would be torturing their kids?

I'm certain the kids would find it unpleasant, and I'm sure 2 weeks constitutes as a prolonged period of time.
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Torture is when someone experiences something that they find extremely displeasing, so yes if the kids find it extremely displeasing and causes them discomfort or pain (mental or emotional), it is torture.
 
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Easter 2013
Doge
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x339 said:
Torture is when someone experiences something that they find extremely displeasing, so yes if the kids find it extremely displeasing and causes them discomfort or pain (mental or emotional), it is torture.
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That may be an accepted definition in general terms, but not in constitutional terms.
 
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I think that it's a personal opinion.. kind of? The expression "torturous" has kind of become generalized over the years.
 
malakadang said:
That may be an accepted definition in general terms, but not in constitutional terms.
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Well really there can't be constitutional definitions of torture because its all personally based.

If someone likes being excessively taxed or given cruel or unusual punishment, do they not apply to the laws? Because then it wouldn't be torture.
 
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x339 said:
Well really there can't be constitutional definitions of torture because its all personally based.
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Well, Jimmy stated one above:
the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.
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If someone likes being excessively taxed or given cruel or unusual punishment, do they not apply to the laws? Because then it wouldn't be torture.
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If someone takes pleasure in those aforementioned activities they would be masochists. If someone for some random unexplainable reason took pleasure and gained no pain from having boiling water poured on there back, then inflicting such a 'punishment' on them would not be torture. Quite frankly, no one would be stupid enough to continue such a 'punishment' if someone took pleasure from that. I digress, just because 0.0001% of the population are immensely different, does not mean you cannot solidify a definition.

With regards to the constitution, it's supposed to prohibit certain activities, in this case torture. Falling off a building and breaking your leg is torture that satisfies your definition of torture. Someone is clearly in immense physical pain. It's completely correct for them to say, "Fuck, this is torture". However, the constitution would not recognize this as 'torture' so to speak as it's being used in a completely different context. There are a few key points interpolated from a more constitutional definition which focuses more on the act (verb) as opposed to the description (adjective).

1: Extreme pain, both mentally or physically with the intention to do so.
2: Extracting information.
3: Intimidation and or coercion.

There are more, but those are the three main ones discounting the need for public officials.

Also, the only thing that changes from person to person is the perception of pain. The act/stimulus/sensation never ever changes, merely the perception of it. However, back to my original point, you do not, not declare something because 0.00001% of the population don't abide by it.
 
Every culture has their own general definition of torture.
In other words, torture does not have one single definition.

What may be considered torture in one culture may not be in another.

ex) tickling.
 
For me, it's anything that I am forced to undergo for extended periods of time. I'm not saying like, you're forced to do a job or something. It's something that i can't change no matter what I do.
 
Torture- The action or practice of inflicting severe pain on someone as a punishment or in order to force them to do or say something.


This a general definition of torture. Grounding your child from watching TV is not torture. It is a form of punishment and if your child seriously suffers emotional pain from the lack of TV you have a larger problem on your hands.

A great example of torture would be the SAW movies or Hostile movies. These are forms of physical torture. Mental torture could be holding someone for months to years in a jail cell for no reason, not saying criminals are being tortured; they were convicted of a crime. I mean as if someone was kidnapped.
Other forms of mental torture would include long periods of solitary confinement or telling someone they are going to die etc.
Then there is also emotional torture as if threatening to kill someones loved and etc.
 
The video recordings in the movie "Seed" is the epitome of torture. My god that shit left a toll on my brain..

Also, how the fuck is "cruel and usual punishment" NOT torture? That's basically the definition of torture..
 
Causing pain to a living thing with the goal of extracting useful information or sick pleasure. The victim does not give consent.
 
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