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The death penalty is not unconstitutional and is even mandatory for certain crimes with the judge and jury having little discretion in the matter in order to avoid violating the provision that prohibits 'cruel and unusual punishment' the methods used for execution of the death penalty should be humane and sensible. While the criminal may lack in possessing any compassion whatsoever that this complete lack of the ability to have or posses real compassion that resulted in their being sentenced to death is a consideration in the regard given those sentenced to death. Finally, there should be no lack of certainty that the individual being put to death was the perpetrator of the crime committed.
VI. The ISSUES & the DEBATE[S]
The issues and debates surrounding the Fourth, Fifth, Sixth and Eighth Amendments to the U.S. Constitution are becoming more heated with each passing day and while the general public has been lulled into complacency in the past two or three decades, the provisions of these and other Constitutional principles and fundamentals are in the spotlight again, at least from the view of the more astute and aware of what these principles in law actually relate to in practice and application and adjudication and sentencing in the criminal justice system. One instance of such a debate is that addressing the death penalty in cases where individuals are mentally ill and are not able to be held responsible because they do not have the mental capacity to understand that they have committed a crime, often referred to as lacking in cognizance. Lethal injection is also presently part of the death penalty debate due to the perceived although yet undecided 'humanity' in this method as it is held by some that the individual being put to death actually suffocates while alive and conscious through use of this particular method of execution in the imposition of the death penalty. As mentioned earlier in this review, the proposals for identification child sex offenders are under debate as there is a critical need to keep children safe from these perpetrators and simultaneously there is a critical need to adhere to the authority of the U.S. Constitution and the principles of law contained in the Bill of Rights and its accompanying amendments. Certainly, all good citizens desire that the law enforcement agencies conduct their investigations in such a manner as to arrest dangerous criminals and keep communities, schools, as well as all public and private places safe for themselves, their families and friends and while law enforcement should be greatly supported and given the respect due for their sacrifices which are made in choosing this life occupation at the same time, there are corrupt individuals among these professionals and this requires a watchful citizenry to work in the system of everyday checks and balances that must necessarily exist in a society and a democracy in order to ensure Constitutional integrity in the administration and implementation of rules, laws, regulations and procedures arising from legislative decisions in the area of criminal justice.
SUMMARY and CONCLUSION
Perhaps never before now have the Fourth, Fifth, Sixth and Eighth Amendments of the U.S. Constitution's Bill of Rights been so tested and even violated or perhaps even misapplied as in today's criminal justice system. The needs of law enforcement must be balanced with the individual rights to privacy and this has created a dilemma for higher courts and in fact, has created a vast array of dilemmas relating to criminal justice due process and procedural law relating to investigations, arrests, search & seizures, as well as the entire expanse of considerations of the Fourth, Fifth, Sixth and Eighth Amendments. The framers of the U.S. Constitution understood that a large centralized government would tear away at the rights of citizens especially as they relate to the criminal justice system and to reduce the potentialities of such the Bill of Rights and the fundamental first ten amendments were established in the U.S. Constitution to ensure a stance within the framework of the United States of America that would serve to reduce these types of government violations against the individual and their rights as a U.S. citizen.
Constitution of the United States (nd) U.S. Government Printing Office (GPO) Access: Sixth Amendment Rights of Accused in Criminal Prosecution. Online available at http://www.gpoaccess.gov/
Rasmussen, David W. And Benson, Bruce L. (1994) the Economic Anatomy of a Drug War: Criminal Justice in the Commons. The Independent Review. Vol. 1, No. 2 Fall 1996. The Independent Institute.
Jones, Ben (2008) Sex Offenders May Get Special Tags. USA Today. 23 Oct 2008. Online available at http://www.usatoday.com/printedition/news/20070502/a_licenseplates02.art.htm[continue]
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