Pros And Cons Of The Fifth Amendment

Pros And Cons Of The Fifth Amendment

Heritage Essay 2nd Rough Draft The death penalty is not only constitutional, it is a necessary part of the American judicial system. In America, the death penalty is issued to those found guilty of a capital offence with aggravating circumstances. These aggravating circumstances can include murder with a kidnapping or murder commited to avoid arrest. This is, to ensure that the death penalty is only dealt to those that truly have committed grave crimes. The Fifth Amendment of the Constitution guarantees that a person will not be, "deprived of life, liberty, or property, without due process of law" (US Const. Amend. V). The Eighth Amendment guarantees that, "cruel and unusual punishments" (US Const. Amend. XIII) will not be inflicted on convicted criminals. The death penalty does not oppose these amendments because of they way they were specifically written. The Fifth Amendment specifically states, "without due process of law" (US Const. Amend. V). This is written very particularly to mean that with, "due process of law" (US Const. Amend. V) the rights that have been guaranteed in this amendment can be taken from a person. The writers of the constitutional meticulously wrote this in such a way so that the rights of a tried and convicted criminal can be rescinded. This means that the death penalty, when given to a tried and convicted criminal, does not violate the Fifth Amendment. The writers of the Constitution wrote it such that it did not invalidate the date penalty.

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