yoo torture memo pt2

Download Yoo Torture Memo Pt2

Post on 07-May-2015



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"In the March 14, 2003 memo, Yoo says the Constitution was not in play with regard to the interrogations because the Fifth Amendment (which provides for due process of law) and the Eighth Amendment (which prevents the government from employing cruel and usual punishment) does "not extend to alien enemy combatants held abroad.":The memo goes on to explain that federal criminal statutes regarding assault and other crimes against the body don't apply to authorized military interrogations overseas and that statutes that do apply to the conduct of U.S. officials abroad pertaining to war crimes and torture establish a limited obligation on the part of interrogators to refrain from bodily harm."


  • 1.SEGRETH10FOffii40 individual during lengthy and intense questioning by law enforcement would not violate section 2340(2). On the other hand,the development of a mental disorder such as posttraumatic stress disorder, which can last months or even years, or even chronic depression, which also can last for a considerable period of time if untreated, might satisfy the prolonged harm requirement. See American Psychiatric Association, Diagnostic and Statistical Manual ofMental Disorders 426, 439-45 (4th ed. 1994) (DSM-IV). See also Craig HaneyMona Lynch, Regulating Prisons ofthe Future: A Psychological Analysis ojSupermax and Solitary Confinement, 23 N.Y.U. Rev. L.Soc. Change 477, 509 (1997) (noting that posttraumatic stress disorder is frequently found in torture victims); cf. Sana Loue, Immigration Law and Health 10:46 (2001) (recommendin~ evaluating for p