It's really not that simple. I honestly believe that the state does NOT have the right to take a persons life, a.k.a. capitol punishment. I have a friend who swears it's the right of the people to have justice and remove the evil from the world by killing those we have proven guilty. Who's right?
Rights are relative, and the rights that we practice now have more to do with the history of government and less to do with philosophy or morality.
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