the legal landscape regarding “torture|Essay guru

Outline:

I. United States v. Charles Emmanuel A. Issue

• Prosecution of a U.S. service member for the alleged torture of detainees in Afghanistan and Guantanamo Bay. B. Rules Provided
• The Military Extraterritorial Jurisdiction Act (MEJA) extends jurisdiction to the U.S. over U.S. military personnel for crimes committed overseas. C. Legal Background
• The U.S. Torture Statute and the War Crimes Act both prohibit torture. D. Constitutionality
• The law against torture is constitutional under the 8th Amendment’s ban on cruel and unusual punishment.

II. Definition of Torture A. Legal Standpoint

• The elements necessary to prove torture under U.S. law:
  1. specific intent to inflict severe physical or mental pain or suffering
  2. the act must be committed under the color of law B. Convention Against Torture
• The definition of torture under the Convention Against Torture (CAT) is broader and includes any act committed by or with the acquiescence of a public official that causes severe physical or mental pain or suffering. C. Differences between CAT and U.S. Law
• The CAT definition covers a wider range of acts, but U.S. law requires a higher level of intent.