What charges could be brought against those who authorized torture?

[Cary]

What defenses would be available?

[harun]

1. I ask the same question. I would like to see the lawyers involved disbarred.

[Cary]

7. Disbarrment is not a criminal action. n/t

[L. Coyote]

2. And, what is the penalty? Death?

Oh the irony, George!

[alsame]

4. Let's use the same euphemism that

Bush always used...."bring them to justice."

[HopeHoops]

3. War crimes, crimes against humanity, etc.

If we don't do it, the international community will.

[damntexdem]

8. This is the core of what should be charged; but there are other crimes involved.

Let's at least catch up to Peru in terms of meeting national commitments to international law.

[NewJeffCT]

5. their only defense would be to spew enough misinformation into the media

that any convictions seem partisan & tainted.

[endarkenment]

6. At a minimum felony assault and murder. Death by torture would

qualify for the death penalty, not that I support the death penalty anymore than I support torture.

[Blue Meany]

9. Conspiracy to Commit Torture

It is pretty cut and dried, as far as I can see, and the sentencing guidelines would allow for life imprisonment or the death penalty in many cases, because of the particularly heinous nature of some of the crimes and various aggravating circumstances.

Here is the legal definition followed by the law itself:

As used in this chapter--
(1) ``torture'' means an act committed by a person acting under
the color of law specifically intended to inflict severe physical or
mental pain or suffering (other than pain or suffering incidental to
lawful sanctions) upon another person within his custody or physical
control;
(2) ``severe mental pain or suffering'' means the prolonged
mental harm caused by or resulting from--
(A) the intentional infliction or threatened infliction of
severe physical pain or suffering;
(B) the administration or application, or threatened
administration or application, of mind-altering substances or
other procedures calculated to disrupt profoundly the senses or
the personality;
(C) the threat of imminent death; or
(D) the threat that another person will imminently be
subjected to death, severe physical pain or suffering, or the
administration or application of mind-altering substances or
other procedures calculated to disrupt profoundly the senses or
personality; and




TITLE 18. CRIMES AND CRIMINAL PROCEDURE


PART I. CRIMES
CHAPTER 113C. TORTURE

18 U.S.C. § 2340A

§ 2340A. Torture

As used in this chapter--

(a) Offense. Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.

(b) Jurisdiction. There is jurisdiction over the activity prohibited in subsection (a) if--

(1) the alleged offender is a national of the United States; or

(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.

(c) Conspiracy. A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.

[Cary]

10. Thanks n/t

[NV Whino]

11. Well, let's see...

A. Firing squad at dawn
B. Tar and Feather
C. Dismemberment
D. Hanging at noon
E. Electric chair
F. Gas chamber
G. Lethal injection
H. Slap on the wrist and stand in a corner
I. All of the above, not necessarily in that order

Defense? What is this thing, defense?

On edit: Sorry, I missed the charges part and went directly to the punishment.