Memorandum on the legal landscape regarding torture

Senator Walton wants to understand the legal landscape regarding “torture,” particularly as it applies to detainees at Guantanamo Bay. Accordingly, he asks you to make a legal 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. Finally, he also wants you to outline at least two legal arguments the Bush administration made regarding the inapplicability of the Geneva Conventions to GITMO detainees (arguments outlined in note 2(a)-(e), pg. 940-42) and discuss whether you find them persuasive, both legally and morally. The Outline should utilize headings and subheadings and be organized by issue. Complete sentences are not required, but ensure that you are clear.

Sample Solution