Americans know this. They know that prisons are horrible. They know that going to jail vastly increases your odds of being raped, attacked, or worse. And yet, this does nothing to shift the overwhelming punitiveness of American public opinion. Indeed, prison rape is a punch line, summed up in don’t drop the soap or watch out, you might become a punk. Americans don’t recoil from assaults in our jails and prisons; they welcome them as deserts for people who commit crimes.
Our prisons, then, are sites for retribution. As Robert A. Ferguson, professor of law and literature at Columbia University, notes in his book Inferno: An Anatomy of American Punishment, Americans routinely transition from a rational view of criminals (“because your act and your mental state at the time were blameworthy, you deserve punishment”) to a moralized one (“you have a hardened, abandoned and malignant heart” and “you are evil and rotten to the core”), to a scornful one, where the criminal is “scum” and deserves “whatever cruel indignity I choose to inflict on you.” You see this most vividly in the reactions to police shootings of black Americans. It’s not enough for the shooting to be justified, as a grand jury decided in the case of Ferguson’s Officer Darren Wilson. No, the victim must be demonized, hence the chorus of critics against Michael Brown: He was a thug who deserved his fate.
If this is how we treat domestic prisoners—who, despite their crimes, are still citizens—then it’s no shock we torture noncitizen detainees, and it’s no surprise Americans largely support the abuse. After all, these are suspected terrorists. They’re presumptively guilty, and they deserve their fates. And if they’re innocent—if they’ve been swept up or sold out—then next time we’ll have to be more careful, even though we don’t plan to take any steps to avoid making the same mistake again.