I am sick of people saying that the Death penalty is unconstitutional! When was the Constitution written again? Didn't they have like the guillotine or hanging or something? What I am asking is, IS the death penalty unconstitutional if the death penalty was in use when the Constitution was written? Thank you!
2006-10-05 04:26:09 · 10 answers · asked by Jessica S 1 in Politics & Government ➔ Law & Ethics
Slavery was also in practice when the Constitution was written.
That's why we have a court system to clarify the Constitution and a legislature to amend it. It is a living document, and it is not perfect.
2006-10-05 04:35:58 · answer #1 · answered by marbledog 6 · 0⤊ 1⤋
It all depends on the interpretation of the Constitution by the U.S. Supreme Court. And time after time, since 1976, they have determined that the death penalty is allowed. There have been some individual death penalty cases they have overturned (for example, Roper v. Simmons), but they have not ruled that the death penalty in general is unconstitutional.
2006-10-05 04:45:37 · answer #2 · answered by Mutt 7 · 0⤊ 0⤋
According to the United States Supreme Court the death penalty is not unconstitutional.
2006-10-05 04:33:42 · answer #3 · answered by Anonymous · 0⤊ 0⤋
it has to be constitutional or they wouldnt do it... some states dont do it. its a states right to decide. when it was wriiten they shot in front of firing squad or hung them. the guillotine was in france... americans are a little more civilized, we used ROPE, both france and america made public spectacles of the corporal punishment, and the kids would sit up front. They then let the guy/girl swing all day for passersbuy to witness. It isnt a pefect system but its the best legal system in the world. I would say the death penalty should be outlawed because it has been proven that people were killed who were later found innocent. dont you think so too? and if not why not.
2006-10-05 04:36:11 · answer #4 · answered by Hillary Dillary 4 · 0⤊ 1⤋
There is nothing Unconstitutional about Capital Punishment. In order for it be meet the legal requirement of being unconstitutional it must be "Cruel and Unusual" not just Cruel or Unusual both BOTH.
Since putting a criminal to death is not an uncommon practice it doesn't meet the Unusual definition and with Lethal Injection being very similiar to how we lovingly put our family pets to sleep it certainly doesn't pass the Cruel test.
2006-10-05 05:12:31 · answer #5 · answered by Anonymous · 2⤊ 0⤋
I do not believe in death penalty because it is not as effective as other forms of punishment could be if put into place. It was ruled cruel and unusual for short period of time, but this was more a statement saying justice system in USA was cruel and unusual for some. If death penalty is so great, then why are we one of few countries that still use it. Does attorneys fees come to mind.
2006-10-05 04:43:16 · answer #6 · answered by Mister2-15-2 7 · 0⤊ 1⤋
there is nothing unconstitutional about the death penalty, as long as its done fast and quick. a good hanging does the job
2006-10-05 04:32:32 · answer #7 · answered by Anonymous · 0⤊ 0⤋
i don't know what country your from but it's possible that your constitution doesn't have something about death penalty if your officials 'round your country says it's unconstitutional.it would be better for you to read your constitution for further clarification on this issue.
2006-10-05 04:34:13 · answer #8 · answered by icenjel 1 · 0⤊ 1⤋
Unconstitutional all the way i mean if someone kills someone and you kill them does it make you any better
2006-10-05 04:30:02 · answer #9 · answered by Anthony C 2 · 1⤊ 2⤋
kill em! i had a teacher who said if he were ever president he would create a tv show called Friday night fry and would show executions.
2006-10-05 04:35:01 · answer #10 · answered by Rachel A 2 · 0⤊ 1⤋