Law-makers breaking the law: torture as a justified interrogation technique?
When looking at media
imagery from prisons as Guantanamo Bay for example, it can be seen that the purpose
of torture there is not simply to avoid future crimes, which takes away all justification,
imagining it was there in the first place.
Individual prevention can come to stand in 3 different ways; firstly by neutralizing the
wrongdoer. This means that it will be made impossible for that person to commit any
more crimes. Secondly, that person can be resocialized. In this way, the desire to
commit crimes is taken away by moral reformation. Thirdly, the culprit can be deterred,
where it is possible that the desire to commit crimes still exists but the fear of doing so
would be too great because the possibility by a certain punishment is too intimidating
(Twinning, 1973).
The punishment has to be accompanied by as much disadvantage as advantage. It also
has to correspond to the preventive considerations. The severity of the punishment must