The Torturer's Dilemma: Analyzing the Logic of Torture for Information

ut not towards effectiveness or even some set of proven techniques provides strong evidence that the
effectiveness of torture is not those elites' primary concern.
But if torture can only work under conditions where it is not used, and if there is no evidence
that torture has become any more effective over the many years and iterations of its use, then why do
states torture at all? There are several possibilities here. First off, it may be that elites are convinced
that torture works for atheoretical reasons, and so discount evidence that it has failed. The shadowy
nature of torture makes this quite possible – the elites who decide whether or not to institute a torture
regime are likely to rely on the torturers themselves for indications of how well the process is working
– and the torturers would have considerable incentive to portray the workings of torture in the most
successful light. That misinformation is difficult to separate from truth adds to this concern: unless the
authorities become aware of the misinformation they are accepting, they are likely to believe that every
confession or revelation they get is a success – resulting in greater and greater confidence in a system
the further it goes off the rails. Another possibility is that torture is not in fact used for information
after all – perhaps elites use torture for other means, such as intimidation or punishment – using the
informational motive as a smoke-screen. Alternatively, perhaps elites use the decision to engage in
torture as a signal to their supporters of being “tough” and unsentimental against a powerful threat, in
order to paint their domestic opponents as weak or even “on the other side” when they oppose its use.
The essential fact is that, while torture may be ineffective or even toxic for the society that uses it to
gather information, there appears to be few necessarily negative effects for the elites who choose to use
it – at least as long as the process does not spiral out of control.
Finally, it cannot be discounted that the elites may derive their beliefs about how torture works
not from science or history, but from the larger culture. An excellent example of precisely this
mechanism can be found in one of the stranger moments of the War on Terror. The television show
'24', starring Kiefer Sutherland, was noted for its near constant portrayals of successful torture used to
locate information – by one estimate by the Parents Television Council, torture was employed on an
average of once every two hours in screen time. (Lithwick, July 31 st , 2008) In 2007, a round table was
held between producers of the show and the dean of the US Military Academy (West Point) and other
high ranking military officers. At this meeting, the producers were encouraged to ease of their positive
representations of torture because they were impairing the training of interrogators who were putting
into practice the images they'd seen on TV. (Moritz, February 10 th , 2007) Furthermore, the fictional
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