5th amendment:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a 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.
8th amendment:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Questions to consider (each answer would be at least a paragraph:
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1. Which side (pro or anti death penalty) has the
better argument based on the text of the Constitution? Does it make sense
that the same proposal that made reference to "capital crimes" in the
Fifth Amendment contemplated a ban on capital punishment in the Eighth
Amendment?
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a 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.
8th amendment:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Questions to consider (each answer would be at least a paragraph:
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2. Even if the death penalty is constitutional, does it follow that all existing forms of the death penalty are constitutional. Is Florida's use of electrocution, for example, consistent with the cruel and unusual punishment clause? Authorized method of execution by state
-->3. What is the best argument for the death penalty? Is the death penalty necessary to deter life prisoners from committing murder in prisons?
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