It's Not Punishment

According to Alan Dershowitz, in his book “Is There a Right to Remain Silent?”, according to the Supreme Court's ruling in Chavez v. Martinez, a person's Fifth Amendment right to refrain from self incrimination is NOT violated if an incriminating statement is coerced from the person through torture, IF that statement is NOT used against the person in a criminal case.

Neither, according to Justice Antonin Scalia, who hangs out with Cheney while hearing a case in which Cheney is a party, the Eight Amendment's injunction against "cruel and unusual punishments" does not apply to torture, because at the time the torture is being applied, the person is not being "punished" from the point of view of the Amendment, which apparently refers to something done to a convicted person.

Does this mean that the state can do whatever it wants to a person so long as the state does not use the person's statements against him in a court of law, and does these things before the person has been charged with anything -- do what you will, but do it before the person is brought into the legal system.