The fifth Ammendment sets out the safeguard for
being tried for a ''Capital'' crime. While the term
''death'' is not used, a capital crime is one for which
you lose your capit - ''head''.
IMHO, the 5th condones the death penalty because it sets
the guidelines for imposing it.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.