TORTURE (from Lat. torquere, to twist), the general name for innumerable modes of inflicting pain which have been from time to time devised by the perverted ingenuity of man, and especially for those employed in a legal aspect by the civilized nations of antiquity and of modern Europe. From this point of view torture was always inflicted for one of two purposes: (1) As a means of eliciting evidence from a witness or from an accused person either before or after condemnation; (2) as a part of the punishment. The second was the earlier use, its function as a means of evidence arising when rules were gradually formulated by the experience of legal experts.
Torture as a part of the punishment may be regarded as including every kind of bodily or mental pain beyond what is necessary for the safe custody of the offender (with or without enforced labour) or the destruction of his life - in the language of Bentham, an " afflictive " as opposed to a " simple " punishment. Thus the unnecessary sufferings endured in English prisons before the reforms of John Howard, the peine forte et dure, and the drawing and quartering in executions for treason, fall without any straining of terms under the category of torture. ..............
The opinions of the best lay authorities have been almost unanimously against the use of torture, even in a system where it was as completely established as it was in Roman law. " Tormeniia," says Cicero, 3 in words which it is almost impossible to translate satisfactorily, " gubernat dolor, regit quaesitor, flectit libido, corrumpit spes, infirmat metus, ut in tot rerum angustiis nihil veritati loci relinquatur." Seneca says bitterly, " it forces even the innocent to lie." St Augustine 4 recognizes the fallacy of torture. " If," says he, " the accused be innocent, he will undergo for an uncertain crime a certain punishment, and that not for having committed a crime, but because it is unknown whether he committed it."
http://www.1911encyclopedia.org/Torture