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

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

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torture as well as to plea bargaining and o<strong>the</strong>r <strong>for</strong>ms <strong>of</strong> coerced interrogations. 35 I argue that <strong>the</strong><br />

incentives faced by <strong>the</strong> accused during <strong>the</strong> witch trials mimic this logic strongly: by <strong>the</strong> time <strong>the</strong> trials<br />

were fully characterized by a deceptive cycle, it was clear to all accused that <strong>the</strong> only chance <strong>the</strong>y held<br />

<strong>of</strong> surviving lay in confessing <strong>the</strong>ir 'crimes' – and naming o<strong>the</strong>rs. In validating <strong>the</strong>se denunciations, <strong>the</strong><br />

elites running <strong>the</strong> trials made use <strong>of</strong> a curious technology: 'spectral testimony' as related by <strong>the</strong> young<br />

girls whose suffering began <strong>the</strong> whole affair, known collectively as <strong>the</strong> 'afflicted.' In effect, <strong>the</strong>se girls<br />

acted as a <strong>for</strong>m <strong>of</strong> lie detector – sending a signal to <strong>the</strong> magistrates <strong>of</strong> <strong>the</strong> reliability <strong>of</strong> <strong>the</strong> testimony<br />

obtained through <strong>the</strong> threat <strong>of</strong> coercion. And like all lie detectors, this technology was unreliable in <strong>the</strong><br />

extreme. 36<br />

In Salem <strong>the</strong>n, we have a case where <strong>the</strong> authorities confront an (unreal) threat through coerced<br />

interrogation, but with minimal ability to evaluate <strong>the</strong> truth value <strong>of</strong> <strong>the</strong> in<strong>for</strong>mation coerced. While it<br />

may seem obvious in retrospect that this situation should lead to a deceptive cycle, I argue that it was<br />

only <strong>the</strong> use <strong>of</strong> coerced interrogations that made this cycle possible. In stark contrast to 1692, no o<strong>the</strong>r<br />

New England witch trial resulted in such a spiral <strong>of</strong> denunciations. In fact, <strong>the</strong> Salem trials do not<br />

resemble o<strong>the</strong>r New English trials as much as <strong>the</strong> widespread witch hunts on <strong>the</strong> European continent<br />

from <strong>the</strong> 15 th through <strong>the</strong> 17 th Centuries, which were marked <strong>for</strong> <strong>the</strong>ir direct use <strong>of</strong> torture as a means <strong>of</strong><br />

generating in<strong>for</strong>mation. I argue that <strong>the</strong> Salem trials differ so strongly from prior trials in New England<br />

precisely because <strong>the</strong>y ended up mimicking <strong>the</strong> strategic logic <strong>of</strong> in<strong>for</strong>mational torture. And <strong>the</strong> cycle<br />

was itself generated by an act <strong>of</strong> un<strong>of</strong>ficial torture, perpetrated on <strong>the</strong> body <strong>of</strong> <strong>the</strong> slave, Tituba.<br />

Consequently, I argue that Salem shows us how torture degenerates into <strong>the</strong> deceptive cycle in<br />

<strong>the</strong> absence <strong>of</strong> a strong in<strong>for</strong>mation environment, and an actual threat to be faced. Because <strong>the</strong><br />

authorities believed <strong>the</strong>y could independently verify <strong>the</strong> accusations leveled by <strong>the</strong> afflicted and <strong>the</strong><br />

accused alike, and because <strong>the</strong>se accusations fit <strong>the</strong>ir preconceptions, <strong>the</strong>y unleashed <strong>for</strong>ces <strong>the</strong>y could<br />

not control. But it is in how this cycle was eventually broken that we see <strong>the</strong> importance <strong>of</strong> empirical<br />

verification in stemming (and potentially preventing) this cycle most clearly. Only when Rev. Increase<br />

Ma<strong>the</strong>r, first president <strong>of</strong> Harvard College, was able to disseminate <strong>the</strong> properties <strong>of</strong> eye-sight newly<br />

35 See in particular Langbein (1978). Although his analysis centers on <strong>the</strong> commonality between torture and plea<br />

bargaining when it comes to confession, <strong>the</strong> same logic applies when <strong>the</strong> threat <strong>of</strong> pain, suffering, or imprisonment<br />

hangs over <strong>the</strong> in<strong>for</strong>mant.<br />

36 'Lie detectors' as such do not actually exist: 'truth' and 'fiction' are purely abstract concepts that cannot be measured<br />

directly. Instead, most lie detectors historically have functioned as a <strong>for</strong>m <strong>of</strong> elaborate bluff: that is, <strong>the</strong>y only work<br />

when <strong>the</strong> subject believes that <strong>the</strong>y work. (Alder, 2002)<br />

41

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