Criminal Justice

In the Name of Security

THE SAD RECORD of human history shows that torture has more often been the rule rather than the exception—in criminal justice systems as well as in interethnic, intercommunal, and international conflicts.

The use of torture in such situations—and brutalities that might fall short of torture but are nonetheless brutalities—can have many motivations. Torture demonstrates absolute power. Torture wreaks vengeance. Torture intimidates. Torture punishes. Torture coerces behavior change. Torture harms, and sometimes the sheer (perverted) pleasure of doing harm is enough motivation. And yes, torture is sometimes deployed to elicit information, confession, or “actionable intelligence.” (This was the main ostensible reason why the U.S. tortured after 9/11. But other factors on this list should not be overlooked.)

Torture appears to come all too naturally to fallen humanity. That is a still quite useful theological term that conveys the belief that humanity was created good by a good God but has fallen into sin and thus has suffered disastrous individual and collective damage to its character. Fallen human beings and human communities resort easily to torture.

So one way to talk about the ethics of torture and brutality is to start exactly here—with the historically and theologically grounded claim that torture has more often been the rule rather than the exception in human history, a dark but pervasive aspect of the behavior of fallen humanity. But what if we turn the discussion of torture upside down in what might be a constructive way?

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What’s Next for the First Catholic Bishop Convicted in Sex Abuse Cover-Up?

RNS photo courtesy Diocese of Kansas City-St. Joseph

Finn is charged with failing to report suspected child abuse. RNS photo courtesy Diocese of Kansas City-St. Joseph

Finn, leader of the Diocese of Kansas City-St. Joseph and an outspoken conservative in the American hierarchy, was convicted of a single misdemeanor count for not telling police that one of his priests, the Rev. Shawn Ratigan, had taken hundreds of lewd images of children in Catholic schools and parishes.

But even as he became the first U.S. bishop ever convicted in criminal court for shielding an abusive priest, Finn’s standing inside the church appears uncertain, and the subject of intense debate.

Should he stay or should he go? Finn has indicated that he wants to tough it out.

Is Solitary Confinement a Moral Punishment? (VIDEO)

Last month, the U.S. Senate held its first hearing ever on the issue of solitary confinement in prisons. To draw attention to the issue, the National Religious Campaign Against Torture urged Americans to fast for 23 hours for one day, symbolizing the 23 hours a day prisoners spend in solitary confinement each day.

"Christian scriptures and the scriptures of all religions say much about the way we are to treat other human beings, especially the most vulnerable," said the Rev. Richard Killmer, executive director of NRCAT. "And all religious traditions teach that it is important to honor and respect the dignity and worth that God has endowed in each human being. When we put people into solitary confinement cells, which we know are going to cause harm, then we have deeply violated that requirement from God to honor and respect each human being."

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