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PaperclipPerfector  1yr ago (text post)   33485 thread views

Culture War Roundup for the week of June 19, 2023

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I did once find a study comparing the use of torture in Spanish Inquisition vs. modern USA, which concluded that the former was much more effective because of differences in methods and social context. I hope you will pardon me if I copypaste another a post of mine from elsewhere:

There’s this paper claiming (in the case of the Spanish Inquisition) that there are circumstances in which torture can yield reliable and verifiable information, but only in a very specific setting that is very different from, say, yanking a suspect in an alley and beating a confession out of them. You need extensive prior investigation until you have most of the facts available but think that someone is still withholding information; you need to torture multiple people, repeatedly, while comparing and verifying all the statements you extracted between each instance. At that point you might as well scrap the torture and still be left with the vast majority of reliable information.

Even then, you’ll still end up torturing a large number of innocents, and you will learn very little in the process you didn’t already know. And you will inevitably end up a vast, overbearing police state where everyone lives in terror.

Inquisitors tortured for different reasons, with different goals, based on different assumptions, and in a social, political, and religious setting entirely alien to that of modern interrogators…

The Inquisition put in place a vast bureaucratic apparatus designed to collect and assess information about prohibited practices. It tortured comprehensively, inflicting suffering on large swaths of the population. It tortured systematically, willing to torment all whom it deemed to be withholding evidence, regardless of how severe their heresy was or how significant the evidence was that they were withholding. The Inquisition did not torture because it wanted to fill gaps in its records by tormenting a new witness. On the contrary: it tortured because its records were comprehensive enough to indicate that a witness was withholding evidence.

This torture yielded information that was often reliable and falsifiable: names, locations, events, and practices witnesses provided in the torture chamber matched information provided by those not tortured. But despite the tremendous investment in time, money, and labor that the Inquisition invested in institutionalizing torture, its officials treated the results of interrogations in the torture chamber with skepticism. Tribunals tortured witnesses at the very end of a series of investigations, and they did not rely on the resulting testimony as a primary source of evidence.

This systematic, dispassionate, and meticulous torture stands in stark contrast to the “ticking bomb” philosophy that has motivated US torture policy in the aftermath of 9/11… US interrogators expected to uncover groundbreaking information from detainees: novel, crucial, yet somehow trustworthy. That is an unverifiable standard of intelligence that the Inquisition, despite its vast bureaucratic apparatus and centuries of institutional learning, would not have trusted.

The Inquisition functioned in an extraordinary environment. Its target population was confined within the realms of an authoritarian state in which the Inquisition wielded absolute authority and could draw on near-unlimited resources. The most important of these resources was time… It could afford to spend decades and centuries perfecting its methods and dedicate years to gathering evidence against its prisoners… Should US interrogators aspire to match the confession rate of the Inquisition’s torture campaign, they would have to emulate the Inquisition’s brutal scope and vast resources… one cannot improvise quick, amateurish, and half-hearted torture sessions, motivated by anger and fear, and hope to extract reliable intelligence. Torture that yields reliable intelligence requires a massive social, political, and financial enterprise founded on deep ideological and political commitments. That is the cost of torture.

(an interesting point is that, while the “ticking time bomb” is the scenario most commonly given as justification for torture, it also happens to be the scenario in which torture is least likely to work, because you don’t know if you have the right person, the suspect - especially if guilty - knows they have to resist for a brief time, and you can’t verify any statement until it’s too late)

End copypaste.

So, I admit this is a well-written, convincing argument. It's appreciated! But I still find it contrasts with common sense (and my own lying eyes). I can, say, imagine authorities arresting me and demanding to know my email password. I would not cooperate, and I would expect to be able to get access to a lawyer before long. In reality there's only one way they'd get the password: torturing me. And in that case, they'd get the password immediately. It would be fast and effective. I'm still going to trust the knowledge that torture would work perfectly on me over a sociological essay, no matter how eloquent.

Admittedly passwords make for something like an ideal case for torture in that they can be easily communicated in full and be quickly and unambiguously checked for correctness. I don't know if any other kind of information meets those requirements. Overall, given precedents, I think a blanket ban on judiciary torture is worth a lot more than the marginal improvements in investigation effectiveness, even from a coldly utilitarian perspective, much like a blanket ban on killing patients to harvest their organs is well worth the loss of a small number of additional organs, even if those are perfectly good for use.

Absolutely. And I'm totally being a pedant about a policy I'm in complete agreement with. But this nitpicking is still valuable - if we as a society understand that we're banning torture for very good ideological reasons, then we won't be so tempted to backslide the next time a crisis (like 9/11) arises and people start noticing that (arguably) torture might help us track down more terrorists. Like how some people forget that free speech ideals are important beyond simply making sure that we don't violate the 1st amendment.

Then I guess we agree after all, especially about the nitpicking. Cheers!

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