Can you ever lose rights by comitting a crime?

Question

I am doing research for a debate topic, and the opposition keeps stating that rights can be removed by due process of the law. I am highly skeptical of this, and am looking for a more definitive, unbiased answer.

For reference, the debate is for the leaglization of castration of sex offenders. I am opposed to this, as I believe it is cruel and unusual punishment, protected against by the 8th Amendment. As "All men are created equal," I find it hard to believe that while all are granted rights, some can lose them. As much as I do agree that we need better punishment for sex offenders, I don't believe in allowing our government to rape our rights in the process. Any help or information would be great, even if is contrary to what I think, or a point that I am trying to make.

Answer 1

First of all for your debate, you need to distinguish between "committing" a crime and being "convicted" of a crime.

If you commit a crime you can't lose any rights whatsoever unless you have been found guilty and convicted. The, yes, certain rights can be taken away like your right to vote, to possess firearms, and things like that.

I like your attitude regarding the 8th Amendment and castration. Because that crosses a line----you can lose certain rights but even those losses must not violate other absolute Constitutional rights--like cruel and unusual punishment. Losing the right to cast a vote every 2 to 4 years is certainly distinguishable from having your body violated. (I say this since the right to vote and carry a weapon are also in the constitution)

Just like women on welfare--we can't force them to be sterilized. Our bodies are sacred ground and can't be violated at some legislator's whim. Once it's done, there is no going back. If, ten years down the road, they find out you were wrongly convicted they can re-institute your right to vote, but they un-castrate you.

Answer 2

I believe in the chemical castration of violent sex offenders and pedophiles. Being a pedophile or a violent sex offender is not something that can be controlled by these offenders. It's an imbalance in the brain. They have no control over the urges, so there must be measures taken to prevent this crime on behalf of the victims and the offenders. It technically protects them both. Until other measures are found that might be less "cruel and unusual", this is the only alternative. It doesn't take away any constitutional rights. However, if a person is convicted of domestic violence.. they can have their rights to own, purchase or posess firearms. That does take away one of our rights under the constitution. But I also believe this is a measure that can't be avoided due to the type of violent crime that the perpetrator commits.
So while you don't believe we should allow our government to "rape" our right, you would allow those offenders to rape their victims? If you can find another punishment that would work for these types of offenders, then so be it. But unless you were to lock them up for life, there is no way to control their urges. And locking them up for life would be more inhumane then chemical castration. It's not as if body parts are actually removed.

Answer 3

Of course you lose all sorts of rights when you commit a crime, or are even suspected of committing a crime!

Gosh, if you've ever been in a jail or prison, you'll know what I mean!

And, when you get out, you still don't enjoy full rights -- voting and holding certain jobs comes to mind.

Putting a person to death isn't a "depriving" of "life, liberty and pursuit of happiness"???

Castration is not done due to several facts:

1. IT is views as "cruel and unusual"

2. It doesn't seem to work. Rape usually employs a penis, but doesn't require one.

3. Given the dynamics of violent "sexual" behavior, and the way that they think, it would not deter many others from such behavior. Literally, their sex drive has been wired into a dark, violent need to control their victims, and we all know the discussion that we have when we suggest that sexual orientation can be changed.

Answer 4

Well if the gov really wants to it can take all your rights away by having you put to death... But for the most part the gov doesnt do this that often because it knows it would look bad and cause civil unrest if it started to kill people left and right for not following laws/terrorism. Of course anyone could be found to be a terrorist for any reason and no one would be able to find out about it the way the current system works. If your gona debate the fact that you cant lose your rights by comitting a crime I think you pretty much might as well give up now. Your only hope is to argue that its wrong to lose one right and then go from there untill you have that youll have nothing. If I was you I would argue that the right to vote is not something that can be taken away even if you do a violent crime because its moraly wrong for some reason... I dont know maybe because the people in prision could be considered slaves to a system they did not invent and our trapped by poverty into a life style that leads to crime without getting the necessary education / job opportunitys via outsorce and or allowing illegal immigrents into the country. Yes I would def go with the fact that illegal immigrents are taking jobs forcing more people to go into a life of crime thus causing them to lose there right to vote making there life even harder. This way you can turn it back onto the Gov for having allowed illegals and itself committing a crime be the target of attension and not your happless american who grew up into a place that got poorer over time because of inaction from our Gov.

Answer 5

Well, I know of other situations in which our rights can be taken away from us. If you join the military, you voluntarily take on the UCMJ instead. While you are in prison, I'm pretty sure you don't hold all your normal rights. Lastly, I know that if you are convicted of certain things (kinds of felonies) that you are unable to own a gun.

By the way, I disagree with you. Not that I expect you to care; I just thought I'd stick my two cents in there.

Answer 6

You need to forget the "All men are created equal" line, and the "certain unalienable rights...life, liberty, and the pursuit of happiness" bit as well. They are not US law. They are from the Declaration of Independence, which while being a very uplifting document; it has no mention in our actual laws.

Answer 7

you say it is cruel and unusual punishment to castrate the sex offenders. do you ever think its also cruel and unusual to the victims, especially the children this is done to?? i am totally for castration, an eye for an eye. let the offender suffer the same or more than the victim, especially when there is a child involved!!!

Answer 8

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Answer 9

Yes according to the 13th amendment you give up all of your rights by committing any crime and can even be sentenced to slavery.

Answer 10

Yes

Commit any felony. . . opps there goes your right to keep and bear arms. . .

You can lose some, but not all . . . I guess the supreme court is supreme after all. . . they get to pick and choose which ones you eep and which ones you lose.