Two favorable effects of the death penalty that make it seem desirable are that it is less expensive to execute than to imprison, and that it capital punishments deters capital crime better than life imprisonment. Both of these are compromised by the long appeals process, which is more expensive than housing a criminal for life, and also dilutes the deterrent effect, since a murderer probably won't be executed until long after they were initially convicted. Some people say that there is a class of "open and shut cases" which need not be appealed. Thus, we can get a swift execution without the lengthy appeals process.
To get what this suggestion is looking for you have to implement a special threshold of evidence where there really is no possible doubt, and no chance for a future exoneration. While we can, in a retail sort of way, mention cases where this level of evidence was achieved, the problem is that our system has to identify certain characteristics of cases that are so open and shut that we can't imagine an exoneration. The criteria for a conviction is evidence beyond a reasonable doubt, but even there we have had exonerations. In the case of Casey Anthony, one theory was that the jury was reluctant to convict because they would then have had to consider a death sentence, and since certain kinds of evidence were lacking, they didn't want to take that risk. And "beyond reasonable doubt" is a threshold of evidence doesn't mean that "beyond possible doubt." I don't think the development of an "open and shut case" category where the appeals process could be circumented is workable, although I understand why it would be appealing to many people.
There was the famous arson case in Texas---guy's name was Willingham, where the fire science of the time proved beyond a reasonable doubt that he had killed his family by arson. Only, the fire science of today contradicts that, but, unfortunately, he was executed and wasn't around to be released.
The question is whether it is the extent we are going to allow the risk of executing an innocent person. I think that that is a horrible side effect of our system. While the system is run by human beings, I think it will remain fallible. If there is a death penalty, then you can't eliminate the possibility of it being used on an innocent person.
To really have a death penalty that does for us what most death penalty advocates would get from it, what you have to do is accept a higher risk than we already have of executing innocent people. (You can't make an omelette without breaking some eggs). What would really help with the deterrent effect would be getting rid of innocent until proven guilty. That's what they do in some countries. In the People's Republic of China, they would execute the prime suspect within a few weeks, and they did get a real deterrent effect there.
To get what this suggestion is looking for you have to implement a special threshold of evidence where there really is no possible doubt, and no chance for a future exoneration. While we can, in a retail sort of way, mention cases where this level of evidence was achieved, the problem is that our system has to identify certain characteristics of cases that are so open and shut that we can't imagine an exoneration. The criteria for a conviction is evidence beyond a reasonable doubt, but even there we have had exonerations. In the case of Casey Anthony, one theory was that the jury was reluctant to convict because they would then have had to consider a death sentence, and since certain kinds of evidence were lacking, they didn't want to take that risk. And "beyond reasonable doubt" is a threshold of evidence doesn't mean that "beyond possible doubt." I don't think the development of an "open and shut case" category where the appeals process could be circumented is workable, although I understand why it would be appealing to many people.
There was the famous arson case in Texas---guy's name was Willingham, where the fire science of the time proved beyond a reasonable doubt that he had killed his family by arson. Only, the fire science of today contradicts that, but, unfortunately, he was executed and wasn't around to be released.
The question is whether it is the extent we are going to allow the risk of executing an innocent person. I think that that is a horrible side effect of our system. While the system is run by human beings, I think it will remain fallible. If there is a death penalty, then you can't eliminate the possibility of it being used on an innocent person.
To really have a death penalty that does for us what most death penalty advocates would get from it, what you have to do is accept a higher risk than we already have of executing innocent people. (You can't make an omelette without breaking some eggs). What would really help with the deterrent effect would be getting rid of innocent until proven guilty. That's what they do in some countries. In the People's Republic of China, they would execute the prime suspect within a few weeks, and they did get a real deterrent effect there.
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