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Torture used to be incompatible with American values. Our Bill of Rights forbids cruel and unusual punishment, and that has come to include all forms of corporal punishment except prison and death by methods purported to be painless. Americans and our government have historically condemned states that torture; we have granted asylum or refuge to those who fear it. The Senate ratified the Convention Against Torture, Congress enacted antitorture legislation, and judicial opinions spoke of "the dastardly and totally inhuman act of torture.” Then came September 11.


Copyright 2005 by the Virginia Law Review Association; Reprinted by permission of the Virginia Law Review Association.

Publication Citation

91 VA. L. Rev. 1425-1461 (2005)