does any one know what rights are taken away from us if there is death penalty?

Question

or just , why cant we have death penalty? is it against the constitution? how is it good? how is it bad?

Answer 1

There are no specific rights that would be violated by being subjected to the death penalty if you commit a crime warranting it in a place that still has it.

Most of the states that have abolished the death penalty since its reinstatement as constitutional in '76 have done so because applying it has become a procedural nightmare that ends up having a delay of 20 years and up between sentencing and execution and costing more than a sentence of life without parole would.

Answer 2

I'm having a hard time understanding your question.

Are you asking whether or not the death penalty is a violation of the rights of the person being executed? Or the rights of anyone else not being executed?

The theory offered by some is that the death penalty is "cruel and unusual punishment" prohibited by the Eighth Amendment. That theory worked temporarily during the 1970s. In 1972, the Supreme Court ruled (by a vote of 5 to 4) that the death penalty is unconstitutional. The effect of the Court's ruling was to commute the sentence of every person on death row at that time. And it wiped all death penalty statutes off the books at that time -- the federal laws and the state laws.

But almost immediately afterward, the federal government and most of the state governments quickly starting drafting new death penalty laws. The new laws were written to be just different enough from the old laws that supporters hoped that the Supreme Court could and would uphold the new laws. And that hope came true in 1976, when the Court (by 7 to 2) upheld the new laws. However, not all of the states have re-created death penalty laws after the 1972 ruling. So in those states, no one has been or is sentenced to death.

In my opinion, the death penalty is good. When a person has been proven -- with due process of law -- that they are capable of and have taken another person's life -- without due process -- they cannot be allowed to take any more lives. And the severity of the punishment should match the severity of the crime.

Answer 3

When we talk about "rights" we are talking about the Bill of Rights which guarantees specified rights to U.S. citizens. The Bill of Rights are amendments that have been added to our Constitution. The Sixth Amendment speaks directly to "cruel and unusual punishment". Some people believe the death penalty is cruel and unusual, therefore, it is against our Constitution to have a death penalty.

The Constitution is open to interpretation and the interpretation is decided by the members of the Supreme Court. The Supreme Court has determined the death penalty to be legal, and it is up to each state to decide if they want to implement the death penalty in capital cases. Therefore, legally the death penalty is not against the Constitution.

I believe it is good because studies have shown rehabilitation does not work in the majority of cases. It is used as a deterrent so others will not follow the same path.

I believe it is bad because it is not used effectively as a deterrent. We have to be careful because many arrests happen due to predjudice.

With DNA testing, I think the possibility of getting the "wrong" person has greatly diminished. However, when we do find the defendant guilty, the penalty should be carried out immediately without an appeal process. In order to do this, the case should be heard by a state court as well as an appellate court simultaneosly.

I believe in the death penalty, but not the way it is currently being carried out. We need reform for the idea of deterrence to work.

Answer 4

As the Fried Chuck just said numerous states have the death penalty, and some that put a hold on it will be going back to it. The death penalty is good because it prevents that person from ever killing again. The constitution allows for the death penalty but when the bleeding hearts get control of a state government that is the first thing they want to change, allow the murderers to live and kill all the babies you can.

Answer 5

The only right taken away if you get the death penalty for a bad crime is the life of the one that does the crime an he gave them up when he did the crime

Answer 6

I'm sort of uninterested in the Death Penalty. I would hate for an innocent man to be murdered, but I wish it took less time to put a guilty man/woman down.

Answer 7

it is not against the constitution. Many states have the death penalty. many liberals don't beleive he has any effect and do not beleive in murder ( except for abortion) so they fight for the right of the convicted person to live.

** I am personally against it.

Answer 8

Blood thirsty vengence. Good or Bad? I guess it is all how you ask the question.

Answer 9

Yeah....they're taking away our right to be beaten/raped/killed again by some rotten SOB who
shoulda been executed but wasn't and got out to do it again and again and again...some people deserve
to be executed

Answer 10

Well, one of the rights you loose is the right to live...