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)

1 answer

The lawyer can claim this under the Eighth Amendment, which prohibits cruel and unusual punishment. The use of torture during interrogation would fall under this category and could be grounds for dismissing the charges against the suspect. Additionally, the lawyer could also reference the Fifth Amendment, which protects against self-incrimination and ensures due process.