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Is Capital Punishment Unconstitutional? The 1960s brought challenges to the fundamental legality of the death penalty. Before then, the Fifth (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 …

…in a death sentence. The Court, however, rejected these claims, thereby approving of unfettered jury discretion and a single proceeding to determine guilt and sentence. In my own opinion, I believe in giving a person every last chance to reform. Who am I to judge a person's life and death. Killing is wrong, and only morally just when done in self-defense. This is the only way I would agree to the use of capital punishment.