Unit 6 Outline
Senator Boller wants to understand the legal landscape regarding “torture,” particularly as it applies to detainees at Guantanamo Bay. Accordingly, he asks you to make an outline that summarizes/briefs United States v. Charles Emmanuel, explaining the issue in the case, the rules provided, the legal background regarding the law on torture, and the constitutionality of the law at issue. The outline should next explain what constitutes torture from a legal standpoint, including the elements necessary to prove torture and a discussion on the differences, if any, between the definition of torture under the Convention Against Torture and under U.S. law. The outline should utilize headings and subheadings and be organized by issue. Complete sentences are not required, but ensure that you are clear.
Answer:
Outline: Torture and US v. Charles Emmanuel
I. Background A. Legal landscape of “torture” B. US v. Charles Emmanuel 1. Issue: Prosecution of a former CIA officer for torture of a detainee
II. Rules Provided A. United States v. Charles Emmanuel 1. Legal basis: Prosecution under the Anti-Torture Act
III. Legal Background A. Definition of Torture 1. Convention Against Torture 2. US Law B. Differences in Definition 1. Convention Against Torture vs US Law
IV. Constitutionality A. Anti-Torture Act B. Application to US v. Charles Emmanuel
V. Elements to Prove Torture A. Physical/Psychological Harm B. Specific Intent C. State Actor
VI. Conclusion A. Importance of Understanding Torture Law B. Relevance of US v. Charles Emmanuel.
Answer:
Outline: Torture and US v. Charles Emmanuel
I. Background A. Legal landscape of “torture” B. US v. Charles Emmanuel 1. Issue: Prosecution of a former CIA officer for torture of a detainee
II. Rules Provided A. United States v. Charles Emmanuel 1. Legal basis: Prosecution under the Anti-Torture Act
III. Legal Background A. Definition of Torture 1. Convention Against Torture 2. US Law B. Differences in Definition 1. Convention Against Torture vs US Law
IV. Constitutionality A. Anti-Torture Act B. Application to US v. Charles Emmanuel
V. Elements to Prove Torture A. Physical/Psychological Harm B. Specific Intent C. State Actor
VI. Conclusion A. Importance of Understanding Torture Law B. Relevance of US v. Charles Emmanuel.