Journal of Law and Criminal Justice

Torture and Deprivation of Liberty
Laura Zavatta, Rocco Cantelmo

Abstract
Torture has always existed in human history, as a form of illegal abuse. The main subject of this essay is the analysis of judicial torture, understood as the complex of means of personal coercion, both physical and moral, used during the trial, accompanied and complicated by parallel police activity. There are many arguments against the use of torture, both legal and moral. The philosophy of law can be useful to reflect on problems and dramas such as "the act of twisting", that is torture, and to integrate the legal system, reinforcing all those principles that must be considered normative bulwarks to be used daily in the legal and social field. According to philosophical thought, torture also means torture in the prison system, even if it is a penalty imposed on a guilty person after a fair trial. For this reason, it is always important and timely to discuss the right of the State to deprive people of their freedom. This is a serious compression of a fundamental right, even if justified by guilt.

Full Text: PDF     DOI: 10.15640/jlcj.v10n1a6