Importance of the Enhanced Interrogative Method - Term Paper Example

Task Application of Law Affidavit Criminal activities are increasing around the globe. These activities pose great danger to the well being of loyal citizens more so, leading to massive death in most countries in the world. Recently, one suspect Doe was arrested and remanded for planning to use dangerous weapons such as grenades to cause havoc in a shopping mall in rock II which is about ninety miles from Chicago. The US government has used different methods to get enough information from the concerned people (Abrams 11). This include the FBI security group which is directly linked to the arrest of the suspect in question. Some of the suspects do not want to co-operate with the government to give relevant information concerning their activities. This urges the government to induce some pain or some sort of punishment to the suspect so as he or she can reveal the hidden information. According to Bybee enhanced interrogative techniques, a suspect can only be induced to pain if he or she is a threat to the person in charge of him. Due to the increasing suicides and criminal activities, the government would like to continue with the enhanced interrogation techniques (Orfield 45). The reason is that there is a need to get full information from the suspects to enable the government to eradicate such behaviors in the community. A country is supposed to defend its citizens. To achieve this, the constitution provides under section 2340A that the enhanced interrogative techniques must be used. Memorandum According to the report provided in this honorable court, it is obvious that the government is trying to implicate a wrong person. It is because the government information reveals that Doe is linked to Abu Zubayadah while in reality he has the link with the Alqaeda group. To make matters worse, Doe has the information on the real person in question but the government does not want to listen to him. The government acknowledged in its report that torture is not permitted. This evokes a critical question as to why the government itself inflicted pain to the suspect in question. It reveals that the government acted on the wrong side of the law. It should have considered the law before inflicting the pain to the suspect (Orfield 56). It is unfair for the government to treat people from other nations in this manner without considering the law. The court should check on this and relieve Doe of the claims. It is true that if pain goes beyond normal circumstances, one may give decide to give in so as the pain can be relenguished. In this case Doe was a victim of the circumstance therefore he could not argue more than what he did. The government is not willing to bring the witness in the court to testify. On the other hand they do not handle the American girl with any concern on security matters. Basing on this two points it is possible that the government is hiding some important information which can help resolve this case (Abrams 27). The girl had two boy friends mentioned in the report but the government concern is on one individual which quite unfair for Doe. The international law provides that any form of pain that is caused to the suspect is torture. Therefore, the government infringed the rights and freedom of Doe when it exposed him to pain in thew cell during interrogation. Brudbury first memo Brudbury described how prisoners are treated from when they are arrested untill they reach the prison. The first description is that the suspects are shackled and pushed to put on earmuffs, blindfolds and hoods. According to Brudbury, the was to make the suspects feel helpless and convince them that their lives were in the custody of their captors. They also made it clear to the suspects that they did not have any power to effect their condition. After reaching the prison he notes that the suspects were stripped before carrying out any interviews. The suspects were crossexamined both psychologically and medically to ensure that there are no any contradiction in the interrogative methods. One thing with the prison is that they are designed to make the prisoner feel isolated, lonely and helpless. The suspect is normally kept necked apart from a diaper (Orfield 76). He or she is provided with liquid food of not more than one thousand calories and the lights are kept on constant white noise. During interrogations the suspects are kept nacked. For the case that the prisoner does not cooperate with the interrogator then it is most useful to use the corrective measures. Importance of the Enhanced Interrogative Method The interrogation methods are allowed by the law by considering various reasons. When the techniques are applied they help the security agents to get proper information in a timely manner this helps to break up the cells and reduce the number of suspects. The terrorists themselves induce pain and even cause multitudes of death across the world. When thewy refuse to give vital information on their activities they should get some pain to set the pace. More so, the innocent citizens who die unknowingly need justice. One form of providing justice to them is to induce some pain to the suspects. The groups that cause havoc in the world are very cruel. When they get hold of one of the soldiers, what they do to the soldier no one can explain. They really torture them in exchange of what may happen ,to them when caught. Through inducing some pain, the terror groups can provide very vital information that the intelligent group does not know (Abrams 56). This helps in dealing with situations that could have occured without recognition. Compensation According to the information provided, Doe is guilty of the offences charged against him. This is because he boasted to the girl that he would show his rival that he is more dangerous her other boyfriend. Although there is some truth that there is another person by the name same name but with different spelling, it is more precise that the real Doe is in the police custody. This means that if he may not be compensated due to the fact that the ten interrogative methods are allowed by the law. The risk factor in this case is that the government is contradicting itself by stating that the interrogative methods are not allowed by the law. If Doe can base on this information then he can persuade the court to grant him the compensation (Orfield 85). The judge must be very careful where such contradicting information is provided. The magistrate or the judge must not grant Doe any compensation from the government. Public committee Israel The Bybee authorised that all the suspects be to painful experiences in order for them to reveal the truth of every matter. This is contrary to the Spreme Court of Israel which believes that individual life and the society must come first. According to the report, the judges denied that all killings can be pre-decided before trial. It sited that, “it cannot be determined in advance that every targeted killing is prohibited according to customary international law, just as it cannot be determined in advance that every targeted killing is permissible according to customary international law. The judges would give first priority to life instead of torture”. Supreme Court Decision The supreme Court laid down strategies to ensure that the prevailing law is observed. This included illegalizing judicial and public committee involvement in massive destruction and killings. This is a very pretty decision since some death that occur are not always illegal. America as a nation can apply the same in its operations to curb any misinterpreted killing and suffering of citizens (Abrams 79). First, it should ensure that the cases pass through the required procedure in the courts so that the intelligent groups do not get a chance to torture the suspects. Secondly, intelligent groups should get better education on handling suspects. Thirdly, all public institutions must have knowledge on better methods of solving problems like scientific approach Rendition Rendition is the act transferring people from one nation to another through abduction. The US army deals with terror groups in a manner that is crucial. When the suspects are caught, they are put under the US custody. Most of the culprits are taken to US for further investigations or punishment. The other group like the Osama, houses were brought down to the ground rendering the families homeless. It is most important to note that once a person is under custody, his people get worried and they always feel to visit him. It is possible that when these people visit the US some of them might have negative motives. They can also engage in terror activities if they are allowed to get into the country. It is also dangerous to stay with such people in the country since it may lead to increased terror activities in the country through retaliation. On the other hand, family members of a detainee are very much helpful (Orfield 76). This is because they can provide background information of the detainee. The intelligent group can easily miss vital information in some cases where the friends and family members are barred from visiting their person. Drones Drones is anew type of warfare, which the soldiers use modern technology to fight their enemy by simply sending an automatic objects to remove their enemies from their areas. This happens with less or no risk on the side of the US army because the objects are non-living things. This type of warfare is used to provide timely surveillance, weapon-delivery and drive away the enemies perfectly (Abrams, 88). This type of war can perfectly work in combatant areas. It is required that the method be used in occations that do not cause destruction of civilian life or property like in Somalia. This si according to the International Traffic In Arms Regulations. ICC compliance The American nation has no reason as to why it should object a requirement from the international court. This is because, the nation has to set a good example to other nations to comply with the ICC requirements. It should comply since the nation itself is fighting to achieve equal rights for everyone in the world. In this context, it can not be the first one toprtect those with criminal charges just because they belong to America. If it does not honour, it will mean that all other nations should follow the same example. American detainee in Iraq The American detainee has some rights to be considered. For instance, he is an American by origin. When convicted he could have been taken to the American courts for judgement. The Iraq courts are not international which can handle issues across its borders. Secondly, after determination of his case he is moved to the american troops and works as part of the military forces. This is unlawful since the military men receive important training before getting to the field for military activities (Orfield 94). According to the Law, death penalty is too much for the accused. It should have detained him and offer him another chance to change his behavior. According to the situations here, the court should reduce the death penalty to some years and let the man be deported back to his country. There are several benefits for one to geta sentence through the military commission. First, the president has to provide his assent for a death penalty. The death penalty is important to consider since the terror can easily be found guilty of the charges. If this is the case the judges might determine the case and set a death penalty. Therefore, the president can decide other wise thereby benefiting the defendant. Secondly, it is clear that the military commission has not executed any person to death for a long period of time. That is from 1961 no one has been executed through the military commission. The military commission has twelve members of the commission who must vote unanimously for a death penalty to be granted. This is quite advantageous to the defendant since some of them may not approve it. This is contrary to the civil court where the magistrate does everything to determine the cases. Political surveillance This method is to monitor all the sides of the US nation to ensure that it is a safe nation against terror activities. It has proved to keep the enemies at bay but it needs some corrective measures to be put in place. It has been interpreted as being very hash to the citizens together with non-citizens (Abrams 90). For it to achieve its intended goals and objectives, it should be friendly. For instance, the US navy were required to move out of Vieques, which is a 54 square mile . The rich and the poor alljoind hands to push for the military to step out of other cities of USA . This due to the reason that the military and the government are not considering the requirements of the local people. NDDA The passing of NDDA has a greater benefit to the ordinary citizen than the rulers of the country. This is the reason why it is yet signed to become a legal law. It will bring many changes in the all spheres of the government. This will lead to the judicial service to erase all irregular laws that exist in the constitution. For instance, the all irregularities that happen to affect citizens inform of detention of people from other nations will come to an end. It will also ensure that suspects get their rights without any favoritism. Works Cited Abrams, J. Despite Reports, Khalid Sheikh Mohammed Was Not Waterboarded 183 Times, New York, Fox News, 2009. Print. Orfield J. Deterrence, Perjury, and the Heater Factor: An Exclusionary Rule in the Chicago Criminal Courts, 63 U. COLO. L. REV. 75. 1992. Print. Read More