My hobby for the past month has been working to personally end an operation on the Cape which has been scamming eye-watering amounts of money from Brazilian immigrants for more than 30 years, run by a guy very much like this. They're always like this
![D. Eighth Amendment
A second constitutional provision that mi·ght be thought.relevant to interrogations is the
Eighth Amendment. The Eighth· Amendment, however, applies solely to those persons upon
whom criminal sanctions have been imposed. As the Supreme Court has explained, the Cruel
and Unusual Punishments Clause "was designed to protect those convicted of crimes."
Ingraham v. Wright, 430 U.S. 651, 664 (1977). As a result, "Eighth Amendment scrutiny is
appropriate only after the State has complied with the constitutional guarantees traditionally
associated with criminal prosecutions." Id. at 671 nAO. The Eighth Amendment thus has no
application to those individuals who have not been punished as part of a criminal proceeding,
ip'espective of the fact that they have been detained by·the government. See Bell v. Wolfish,441
U.S. 520, 536 n.16 (1979) (holding that condition of confinement claims brought by pretrial
detainee must be considered under the Fifth Amendment, not the Eighth Amendment). The
Eighth Amendment therefore cannot extend to the detention of wartime detainees, who have .
. ( been captured pursuant to the President's power as' Commander in Chief. See Transfers
Memorandum at 2 (concluding that "the President has since the FOWlding era exercised exclusive
and virtually unfettered control over the disposition of enemy soldiers and agents captured in
time of war"). See also Hamdi v. Rumsfeld, 316 F.3d 450,463 (4thCir. 2003) (the President's
powers as Commander in Chief "include the authority to detain those captured in anned
struggle").
The detention· of enemy combatants can in no sense be deemed "punishment" for
purposes of the Eighth Amendment. Unlike imprisonment pursuant to a criminal sanction,. the
detention of enemy combatants involves no sentence judicially imposed or legislatively required
and those detained will be released at the end ofthe conflict. Indeed, it has long been established
that '''[c]aptivity [in wartime] is neither a punishment no…](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:4qmg6r3shnk3mfst5w3g6wy2/bafkreid7uwewjo6rl3dxvuisoxs5vysmv2is5vmhtgk4jhbuxltbhrodmu)
