The 5th Ammendment does not apply to Capital Punishment.
The 5th Amendment states "No person shall be held to answer for a capital . . . crime, unless on a presentment or indictment of a Grand Jury" This does not apply to CP because it does not take a position whether CP is good or bad, it just says people cannot be convicted without a legal indictment.
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Capital Punishment  »Capital Punishment
Bill of Rights Arguments »Bill of Rights Arguments
5th Amendmant »5th Amendmant
The 5th Ammendment does not apply to Capital Punishment.
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