PHILOSPHY: Interesting and uninteresting questions about torture

There are interesting and uninteresting questions one can ask about torture. An interesting one is "Is it ever morally permissible for a regime to torture prisoners?"

I would love to answer "No", but it's a complicated question. The standard arguments in favor of torture are well known. Imagine we are in a situation of imminent peril to a very large number of people (a "ticking time bomb," literally or figuratively), and we know for sure that a certain prisoner has information that could be used to prevent the disaster, and strongly suspect that the prisoner would give up the information under torture but would not under conventional interrogation. That's a lot of conditions that must be satisfied (1. imminent danger to 2. a very large number of people, 3. knowledge that prisoner has crucial information that 4. they will not give up without torture but 5. they might give up under torture), but I would add at least one more: 6. the prisoner must, by previous actions, have forfeited even minimal personal rights, e.g. by committing some egregious crime. I don't think it's right to torture an innocent bystander who happened to overhear a terrorist plot but for some reason doesn't want to divulge the information. If all of these circumstances clearly applied, I would be willing to concede that torture would be justified. Under ordinary non-desperate conditions, I strongly believe that every person has a minimal set of rights that society has no right to violate; but under well-defined emergency conditions, the interests of the larger group can reasonably take precedence.

The problem, of course, is that such stringent conditions rarely apply. I used to be in favor of the death penalty, as I believed that there were some people who had, by their behavior, given up any right to live. I still believe that, but now I am strongly anti-death-penalty, only because I have no confidence whatsoever that our justice system can accurately determine who those people might be. Even the chance of one mistake, putting someone to death who was innocent (or even not as unforgiveably guilty as had been supposed), makes the use of the death penalty completely unpalatable. Similarly with torture -- the danger that it could be used against people who do not meet all of the above criteria is real and terrible. Of course, with the death penalty there is a straightforward alternative (life imprisonment), whereas in the shadow of a ticking time bomb the choice may not be so clear.