e meaning of that wordas used in the Constitution. It implies there is something more inhumanand barbarous, than the mere extinguishment of life.” There are those who insist that the Constitution does not support the deathpenalty. This is simply not true. The fifth amendment states:No person shall be held for a answer for a capital, or otherwiseinfamous 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 anyperson be subject for the same offense to be twice put in jeopardy oflife or limb; nor shall be compelled in any criminal case to be awitness against himself, nor be deprived of life, liberty, or property,without due process of law; nor shall property be taken for public use,without just compensation.Note:“...a capital, or otherwise infamous crime......be twice put in jeopardy of life or limb......nor be deprived of life...without due process of law...”So the constitution does allow capital punishment through indirect reference.I would imagine that the Founding Fathers could not have conceived ofa world or nation without capital punishment. Indeed, in those days, therewas absolutely no question of the value of public safety and personalresponsibility. Had they foreseen the rise in violent crime we have had in the70s, 80s, and into the 90s, they might have declared the death penalty in thePreamble.As for the penal system accidentally executing an innocent person, Imust point out that in this imperfect world, citizens are required to takecertain risks in exchange for relative safety. After all, far more innocent lives have been taken by convicted murderers than the supposedly 23 innocentlives mistakenly executed in this century. For instance, over 600 repeatoffenses occur within prison walls each year in this country. Not only that,but over 13,000 Americans citizens ...
