Many make the argument that the death penalty contradicts with the 5th amendment that grants the right to life, liberty, and property.  However, the state does not violate the criminal's right to life because the amendment states that one may not be deprived of life, liberty, or property without due process of law.  So, a criminal found guilty no longer has his right to life, liberty, or property as soon as he violates the rights of another person's life, liberty, or property.  Accordingly, if a criminal invades on a citizen's property, that criminal gives up his property right.  If a criminal invades on a citizen's liberty, that criminal gives up his liberty right. Equally if a criminal invades on a citizen's right to life, that criminal gives up his.