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Abstract: 

This is the second in a series addressing the inadequacy of the legal definition of the term “torture.” Although the concept of torture has long been recognized by the courts, it has not traditionally been defined and addressed as a crime in itself. Rather, torture has been treated as an element of other crimes, such as assault, rape, or homicide, and is most often referenced as an aggravating circumstance. Currently, only two states (Alabama and California) afford the possibility of prosecuting torture as a separate action. Part I of this article examined the elements of torture and its treatment as a factor in various U.S. criminal cases. Part II, presented here, explores the nature and circumstances of torture and argues for the need to develop a statutory definition, with specific guidelines for prosecution and sanctions upon conviction.

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Affiliations:  1: Managing Editor of SLR.