{"id":4,"date":"2005-01-10T20:15:07","date_gmt":"2005-01-11T00:15:07","guid":{"rendered":"http:\/\/blogs.law.harvard.edu\/dbnews\/2005\/01\/10\/are-masochists-immune-to-torture\/"},"modified":"2005-01-10T20:15:07","modified_gmt":"2005-01-11T00:15:07","slug":"are-masochists-immune-to-torture","status":"publish","type":"post","link":"https:\/\/archive.blogs.harvard.edu\/dowbrigade\/2005\/01\/10\/are-masochists-immune-to-torture\/","title":{"rendered":"Are Masochists Immune to Torture?"},"content":{"rendered":"<p><a name='a4449'><\/a><\/p>\n<table width=\"537\" border=\"0\">\n<tr>\n<td width=\"550\">\n<p align=\"left\"> <img loading=\"lazy\" decoding=\"async\" src=\"http:\/\/cyber.law.harvard.edu\/blogs\/static\/dowbrigade\/torturrre.jpg\" width=\"293\" height=\"224\" align=\"left\">Will Americans allow their military and security services<br \/>\n        to practice torture? If you asked a mythical representative sampling<br \/>\n        of Americans &quot;Should police and national security agencies be allowed<br \/>\n        to use torture?&quot; we are confident the answer would be a resounding NO.<br \/>\n        If you rephrased the question as &quot;Should police and national security<br \/>\n        agencies be given discretion in the use of torture in cases of urgent<br \/>\n        national security?&quot; we suspect the answer would be quite different, and<br \/>\n        with good reason.<\/p>\n<p align=\"left\">The topic of torture has entered the arena of national<br \/>\n        debate, and was all the buzz around the water cooler at work and on the<br \/>\n        talk<br \/>\n        radio channels we listen to in the White Whale, so as to keep our finger<br \/>\n        on the elusive pulse of public opinion.<\/p>\n<p align=\"left\">It seems that, like the Dowbrigade, millions of American<br \/>\n        viewers (mostly male demographic) were too lazy to change the channel<br \/>\n        after the second NFL playoff game and as a result ended up watching <a href=\"http:\/\/www.fox.com\/24\/profiles\/\">Jack<br \/>\n        Bauer<\/a> on FOX in the <a href=\"http:\/\/www.fox.com\/24\/\">season premiere<br \/>\n        of &quot;24<\/a>&quot; pump a high-caliber slug<br \/>\n        through the thigh of a terror suspect of Middle Eastern origin in an<br \/>\n        effort<br \/>\n        to obtain alacritous information.&nbsp; The predominant tone of the reaction,<br \/>\n        as far as we could tell, was &quot;Go Jack&quot;.<\/p>\n<p align=\"left\">In a real world parallel, Bush nominee for Attorney General<br \/>\n        <a href=\"http:\/\/www.whitehouse.gov\/government\/gonzales-bio.html\">Alberto<br \/>\n        Gonzales<\/a> has been forced to <a href=\"http:\/\/www.time.com\/time\/columnist\/klein\/article\/0,9565,1015817,00.html\">go<br \/>\n        on the record<\/a> as being opposed<br \/>\n        to torture. Meanwhile, repeated reports are dragging Americans out of<br \/>\n        denial and into reluctant admission that torture has been not only <a href=\"http:\/\/blogs.law.harvard.edu\/dowbrigade\/2004\/11\/29#a4237\">routinely<br \/>\n        out-sourced<\/a> to our less scrupulous allies but practiced by US forces,<br \/>\n        both in Guantanamo and in Iraq. It has happened, repeatedly, in the past.&nbsp; Captured<br \/>\n        on film and video. Does anyone doubt that it is still happening, in some<br \/>\n        dark, secret room, right now, as you read these words?<\/p>\n<p align=\"left\">The questions raised by  juxtaposing Jack Bauer<br \/>\n        and Alberto Gonzales are many and varied.&nbsp; How do Americans really<br \/>\n        feel about torture? Is it&#8217;s use absolutely unacceptable, or does it depend<br \/>\n        on the situation of each case? Do terrorists (and, by implication, terrorist<br \/>\n        suspects) have different rights than conventional enemy combatants or<br \/>\n        spies? Don&#8217;t we use psychological torture on prisoners all the time?<\/p>\n<p align=\"left\">Pondering torture leads inevitably to the hypothetical:<br \/>\n        If we knew a terrorist group had planted a nuclear device in a major<br \/>\n        American city, and we had in our custody someone who we believed knew<br \/>\n        the location of that device, would we not be criminally negligent to<br \/>\n        FAIL to do everything possible to extract that information? Up to using<br \/>\n        torture, if we believed it could save hundreds of thousands of innocent<br \/>\n        American lives in imminent mortal danger?<\/p>\n<p align=\"left\">And if you accept torture in theory, in such an extreme<br \/>\n        case, who should be in charge of deciding what torture methods should<br \/>\n        be applied? Is there a more &quot;humane&quot; torture? And who decides which cases<br \/>\n        are imminent enough and vital enough to warrant extreme coercion?<\/p>\n<p align=\"left\">Then there is the related question of the reliability of<br \/>\n        the information obtained via torture.&nbsp; We have heard that all information<br \/>\n        obtained by torture is unreliable because the better the torturer the<br \/>\n        more likely the victim is to say whatever he thinks the questioner wants<br \/>\n        to hear, whether it is true or not. We have heard that hardened intelligence<br \/>\n        operatives and fanatical terrorists are immune to torture, willing to<br \/>\n        endure into the afterlife rather than give up their comrades.<\/p>\n<p align=\"left\">Are masochists immune to torture? Have there been any scientific<br \/>\n        studies done of the veracity of information extracted by torture? Common<br \/>\n        sense tells us that it would be an effective method in cases where short-lapse<br \/>\n        verification of the information is possible, like &quot;What is the password<br \/>\n        to access the information on this hard disk?&quot; and less effective in cases<br \/>\n        where stalling and equivocating is possible, like &quot;Where is the nuclear device set<br \/>\n        to go off at midnight.&quot;<\/p>\n<p align=\"left\">Another uncomfortable question: What percentage of the<br \/>\n        population of this country know we have signed the Geneva Convention<br \/>\n        and understand what it says on the subject? More to the point, of those who know, what percentage<br \/>\n        care?<\/p>\n<p align=\"left\">The difficulty in talking about these subjects makes it<br \/>\n        hard to gauge what Americans really think, but you can be sure policy<br \/>\n        makers in and out of government are trying to figure it out. It is not<br \/>\n        so much a question of whether some degree of government-sponsored torture<br \/>\n        will continue to exist, but rather how extreme it will be, how widely<br \/>\n        it will be applied, and how openly it will be discussed, if at all, on<br \/>\n        and off the record.<\/p>\n<\/td>\n<\/tr>\n<\/table>\n","protected":false},"excerpt":{"rendered":"<p>Will Americans allow their military and security services to practice torture? If you asked a mythical representative sampling of Americans &quot;Should police and national security agencies be allowed to use torture?&quot; we are confident the answer would be a resounding &hellip; <a href=\"https:\/\/archive.blogs.harvard.edu\/dowbrigade\/2005\/01\/10\/are-masochists-immune-to-torture\/\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":299,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1442],"tags":[],"class_list":["post-4","post","type-post","status-publish","format-standard","hentry","category-serious-news"],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/archive.blogs.harvard.edu\/dowbrigade\/wp-json\/wp\/v2\/posts\/4","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/archive.blogs.harvard.edu\/dowbrigade\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/archive.blogs.harvard.edu\/dowbrigade\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/dowbrigade\/wp-json\/wp\/v2\/users\/299"}],"replies":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/dowbrigade\/wp-json\/wp\/v2\/comments?post=4"}],"version-history":[{"count":0,"href":"https:\/\/archive.blogs.harvard.edu\/dowbrigade\/wp-json\/wp\/v2\/posts\/4\/revisions"}],"wp:attachment":[{"href":"https:\/\/archive.blogs.harvard.edu\/dowbrigade\/wp-json\/wp\/v2\/media?parent=4"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/dowbrigade\/wp-json\/wp\/v2\/categories?post=4"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/dowbrigade\/wp-json\/wp\/v2\/tags?post=4"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}