0
It is completely Constitutional. It was commonly used by both State and the Federal Governments during the 18th and early 19th century, obviously they didn't see any Constitutional issues with it. Look at the 5th Amendment closely No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Notice is says you cannot answer for a Capital crime ( one involving the Death Penalty) without a grand jury. Notice it also says that a person shall not be deprived of life WITHOUT DUE PROCESS. This obviously implies that it is acceptable to deprive someone of their life if due process if followed. Arguments against the Death Penalty based upon the US Constitution simply do not withstand scrutiny. Corrections: At the time of the drafting of the Constitution "Capital" meant serious and "infamous" meant terrible or gruesome. These crimes could be punished by death but not necessarily. However, "life" probably refers to executing a person. But, should we even care what was meant 220 or so years ago?
Finally, and interestingly enough, the U.S. Supreme Court does not reference the 5th Amendment in it's death penalty cases. It looks to the 8th Amendment to find the death penalty constitutional as a matter of interpretation not direct reading. Although, Scalia, on some occasions has expressed the same opinion as you. Bottom line, it's constitutional because the U.S. Supreme Court has declared it constitutional.
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
What would be the proposal law against death penalty?
Cruel and unusual Pleasure.
Why is Islam against death penalty?
Muslims are against the death penalty as the religion of Islam is all about peace.
Is Texas for or against the death penalty?
For. If most of the citizens in Texas did not want the death penalty, there would be no death penalty.
Democratic Party platform on death penalty?
The democratic party is now against the death penalty.
Republican view on death penalty?
They are against it. Most republicans are Christians and Christians are against any death that is on purpose. [EDIT] Actually Republicans are for the death penalty believing that it is a proper punishment and that the death penalty should be added to drug "Kingpins".
What are the arguments for the death penalty?
Is it against the 8th Amendmant? Is it justified in the state in which it is being used? Which costs more the Death Penalry or Life in Prision? In my research I found that It is against the 8th Amendmant being as it gives people the right to kill. For the 2nd one some methods of the death penalty aren't allowed in certain states because it is against their law. The Death Penalty could actually cost about the same or even more than life in Prision.
What was the death penalty law in France in 1791?
beheaded
Is the death penalty necessary?
No, the majority of law enforcement officials believe that the death penalty does not deter criminals from committing crimes.
What religions are against the death penalty?
no religion.i think....
What is death penalty libeal and conservative view?
It depends on the candidate. There is no set liberal or conservative view on the death penalty. There are many liberals who support the death penalty and those who are against it. There are many conservatives who support the death penalty and there are those who oppose it.
Debate about death penalty here in Philippines?
Death penalty should be a law bcoz criminals are no pity . Its very unfair to the victims.
Why does law and order SVU make reffrence to the death penalty?
Probably because the death penalty is still on the books in NY state.
