Torture, the infliction of pain of either a physical or psychological nature, has traditionally been labeled by Americans as inhumane and immoral. In the Eighth Amendment to the Bill of Rights, the Framers prohibited the use of torture, i.e., “cruel and unusual punishment” of criminals either to punish them or to gain confessions. This reflected the philosophical belief held by most, if not all, Americans of the time that torture did not respect the dignity and inherent worth of men. The Spanish Inquisition of the heretics, Jews, and Muslims operated from 1478-1834, and, when the states joined together to form the Union, the methods of the Inquisition were not merely history but present-day proof of the ingenuity of mankind in tormenting other men. Naturally, the events of the Spanish Inquisition would have been in the minds of our Framers and would have lead in part to the banning of torture against criminals in the fledgling United States.
Americans also have opposed torturing enemy soldiers, and, throughout American history, our refusal to torture prisoners has made our enemies more inclined to surrender to us. During WWII, this was especially true, since enemy soldiers knew that at least one of our allies did not have as many scruples about rough interrogations. Human rights formed such a strong part of our mindset that, following WWII, we prosecuted men who had engaged in ‘mild’ forms of torture--such as waterboarding--on enemy prisoners.
Today, however, Americans may not be as reluctant to use torture on our enemies. With the passage of the Detainees Bill, anyone whom the executive power of our government classifies as an enemy combatant may be tortured, providing that the torture does not result in organ failure or death. Our view of torture has fundamentally changed in the last decade as the threat of terrorism has become a focus of American fear and concern. Driven by a need for efficiency rather than liberty, we have chosen to engage in practices that previously would have been abhorrent to us.
Some people believe that this change is for the worse. Writer Becky Akers said, “Civilization long ago abandoned such barbarity. Christianity, chivalry, and, later, the gentleman’s code all prohibited harming others, especially the weak or helpless. This stricture protected even those rendered temporarily defenseless, whether by capture during war or imprisonment for a crime. People of taste, educated people, genteel, urbane, courteous people held the deliberate infliction of pain on the helpless beneath contempt. They rightly considered it the hallmark of savages.” On the other hand, others of us feel that this course of action has become necessary to fight off the threat of terrorism, and that the powers we have given the government will not hurt those of us who have not committed acts of terrorism or supported those who do. Regardless of whether this new era of thought has moved America and freedom forward or backward, we must acknowledge that we have fundamentally changed--perhaps forever.
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