http://georgewashington2.blogspot.com/2008/04/scalia-tries-to-apologize-for-torture.html

Supreme Court Justice Scalia says that torture doesn't constitute “cruel and unusual punishment”, because torture is not meant to punish, but only to illicit information.

Mr. Scalia's argument fails for several reasons.

Torture Does not Generate Useful Information

Initially, torture is a notoriously inaccurate way to obtain information. Indeed, it is well-known by professional interrogators that torture doesn't work. Experts on interrogation say that torture actually interferes with the ability to gather useful information.

So if torture is not an information-gathering technique, its only purpose must be punishment and/or intimidation.

Torturing People Who Can't Give Useful Information is Cruel and Unusual Punishment