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The Death Penalty For several decades the death penalty has been a litigious issue. Numerous intellectuals as well as the general public often debate the morality of capital punishment and whether or not it should be legal. The death penalty should be legal because of the theory of “an eye for an eye”, how it helps in reducing murders, and the fact that the death penalty is not inhumane. Though there is no question in many minds of American citizens that the death penalty should be legal, there are still the select few that have reasons for opposing capital punishment. It is felt that many of the prisoners executed were guiltless and did not get an unbiased trial. The idea of innocent people being put to death literally makes people nauseous. Others believe that the death penalty violates the constitution under the “cruel and unusual punishments” section. The decision of which criminals deserve the death for their actions and which do not causes many citizens to lean away from execution as a penalty