The Lucifer Effect
reasons. The images were saved on personal computers and not for official pur-
poses" (Stipulation of Fact, p. 9 ) .
The Trial
Frederick's trial was held in Baghdad on October 20 and 2 1 , 2 0 0 4 , despite the de-
fense counsel's motion for a change of venue to the United States. Since I refused
to go to such a dangerous place, I went instead to the naval base in Naples, Italy,
where I gave my testimony in a videoconference in a highly secured room. It was
a difficult setting because, first, my testimony was being disrupted by delayed
audio feedback, and second, the images of the trial on the video screen sometimes
froze. Compounding the difficulty was the fact that I was talking to a TV screen
and not interacting directly with the judge. To make it even more difficult, I was
told not to use notes during my testimony, which meant that I had to recall from
memory the hundreds of pages of the five investigative reports that I had carefully
read plus all the other background information I had amassed on Frederick and
the Tier 1A conditions.
Given that Frederick had already entered a guilty plea, my testimony was fo-
cused entirely on specifying the situational and systemic influences on his behav-
ior that had been induced by the impact of an abnormal setting on a very normal
young man. I also outlined the psychological assessment results, the positive as-
pects of his background before he was assigned to Tier 1 A, and highlights from
my interview with him. This was done in an effort to support the conclusion that
Frederick had brought no pathological tendencies into that behavioral context.
Rather, I argued that the situation had brought out the aberrant behaviors in
which he engaged and for which he is both sorry and guilty.
I also made clear that, in trying to understand how Frederick's actions were
impacted by situational social dynamics, I was engaging not in "excusiology"
but rather in a conceptual analysis that is not usually considered seriously
enough in sentencing decisions. In addition, in giving my credentials and rele-
vance to this case, I outlined the main features and findings and some parallels
between the Stanford Prison Experiment and the environment of abuse at Abu
Ghraib Prison. (My full testimony appears on pages 2 9 4 to 3 3 0 of "Ivan 'Chip'
Frederick's Trial Transcripts," October 2 0 0 4 . Unfortunately, it is not available
online.)
The prosecutor, Major Michael Holley, dismissed the thrust of my situational
argument. He argued that Frederick knew right from wrong, had adequate mili-
tary training for the job, and essentially had made a rational decision to engage in
the immoral, detrimental behaviors with which he was charged. Thus he put all
the blame on Frederick's disposition to knowingly do evil, while pushing any
situational or systemic influences out of consideration by the court. He also im-
plied that the Geneva Conventions was in effect and that these soldiers should have
known its constraints. That is not true, as we will see in the next chapter: Presi-
dent George Bush and his legal advisers changed the definition of these detainees
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