Abstract
Although addressing the Eighth Amendment prohibition against excessive bail and cruel and unusual punishment can seem out of place in a discussion of interrogation, there is an important relationship between the two. Although punishment can initially be understood to only refer to postconviction actions, the concepts of punishment are also relevant to pretrial detention measures. To discuss this concept, interrogation must be viewed as broadly as possible. That is, not just the actual questioning by an interrogator. From the perspective of the detainee, interrogation incorporates all aspects of life inside the detention center from the moment the doors are locked behind him. An examination of the Eighth Amendment's prohibition against cruel and unusual punishment with respect to the post-9/11 detainees is predicated on the granting of constitutional protections to non-American citizens as if they are American citizens.
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