Which amendment governs the use of force against convicted persons?

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The Eighth Amendment is specifically concerned with the rights of individuals who have been convicted of crimes, including the prohibitions against cruel and unusual punishment. This amendment establishes that once a person is sentenced and incarcerated, their treatment must align with constitutional protections against excessive or inhumane treatment. Therefore, when discussing the use of force against convicted individuals, the Eighth Amendment's protections are paramount, as they directly address the conditions and treatment to which incarcerated persons are subjected.

This context is crucial in understanding why the other amendments do not apply in the same manner in this scenario. The Fourth Amendment focuses on protection against unreasonable searches and seizures, which pertains more to pre-conviction scenarios. The Fifth Amendment addresses rights related to due process and double jeopardy, which are more relevant during the trial phase. The Fourteenth Amendment primarily deals with equal protection and due process under the law, applicable broadly but not specifically to the use of force against convicted individuals. Thus, the Eighth Amendment is the appropriate constitutional reference for governing the treatment of those who are incarcerated.

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