Question

A criminal complains that he has been given a sentence that is far too severe for the crime he has committed. His lawyer argues that this goes against his rights as defined by the Bill of Rights. Which amendment would the criminal's lawyer use to prove that his client's rights were violated, and how would he use it?

Answer 1

In defending his/her client, the lawyer would use the Eighth Amendment. The Eighth Amendment clearly forbids "cruel and unusual punishment" as well as "excessive" penalties for crimes.

Answer 2

The U.S. Supreme Court has held that the Fourth Amendment does not ... However, even before the arrest, the law protects the defendant against ... When an officer seeks a search warrant, he or she must present evidence to a judge or magistrate. ... chief remedy for a violation of his or her rights in a criminalprocedure.