A suspect is arrested and questioned by the police about possible involvement in a terrorism plot. Based on their interrogation, the police charge the suspect with terrorism. The suspect’s lawyer asks the judge to dismiss the charges because the police used torture on the suspect. What amendment gives the lawyer the ability to claim this?

(1 point)
Responses

the Sixth Amendment
the Sixth Amendment

the Third Amendment
the Third Amendment

the Eighth Amendment
the Eighth Amendment

the Fifth Amendment

1 answer

The lawyer can claim this under the Eighth Amendment. The Eighth Amendment prohibits cruel and unusual punishment, which includes torture. Additionally, the Fifth Amendment could also be relevant because it addresses protection against self-incrimination and guarantees due process, but the most direct claim regarding the use of torture would be grounded in the Eighth Amendment.