Radley "CSD Nemesis" Balko article on the why he thinks the DP still get overwhelming support from Americans:
http://www.huffingtonpost.com/radley-balko/death-penalty-support-america_b_984931.html?page=1Balko goes on about Cameron Todd Willingham in Texas and Troy Davis in Georgia. Like the other anti-DP folks, Balko goes on about the arson analysis, how it has changed over time, etc. What he misses is all the other evidence, to include a confession to his ex-wife. IMO, arson analysis has more in common with voodoo than science. CTW can reasonably be adjudged guilty as hell without any of the pseudo-science that passes as criminal forensic "science."
Much is made about the "7 witnesses who recanted" about seeing Davis kill the off-duty cop in the parking lot. Never mind that 7 is quickly reduced to 2 after sifting through the defense lawyers inkcloud. Also forget the other 24 or so witnesses to the murder...'cause it is all about the
7 2 who recanted (if you are willing to deceive others about the true nature and number of eye witnesses).
I note that Balko did not mention another recently executed man, Lawrence Russell Brewer. He would still be alive if the anti-DP folks got their way.
http://en.wikipedia.org/wiki/Murder_of_James_Byrd,_Jr.#Lawrence_Russell_BrewerInstapundit comment that closely mirrors my take:
http://pajamasmedia.com/instapundit/128767/"I think it’s because tedious liberals self-righteously oppose it, while showing an appalling insensitivity to the lives (and deaths) of ordinary non-criminal Americans. Though I should note that European citizens also support the death penalty in large numbers — they’re just ignored by their leaders. The best argument against the death penalty, of course, is what Charles Black called “the inevitability of caprice and mistake.” But that argument, taken seriously, is an indictment of the entire criminal-justice system, not just the death penalty. It may be a valid indictment, but few are willing to go that far.
The worst argument against the death penalty, of course, is that it’s somehow awful for the state to kill people. Nation-states are all about killing people. They exist solely because they’re better at that, on a large scale, than any other form of human organization. Everything else is superstructure, and if they lose that edge it will fade away."I sign on to Black's thesis.
IMO, the criminal justice system is a crap shoot where you can have some effect on the odds if you have a lot of money. Given the lack of scientific rigor most "forensic science" brings to the table, along with the usual problems of non-scientific evidence, and toss in human nature too, I have little faith that any particular proceeding will find anything close to the truth. I think we can only hope to make it loose enough that regular folks falsely accused can shake loose while "frequent customers" finally get the hammer, after several run-ins. That seemed to happen before felonies started breeding like rabbits.
From a
utilitarian perspective, the DP is certainly the way to go. Zero proved innocents killed by gov't applied DP since the last recored lynching versus how many murderers who DIDN'T get the DP who went on to murder again? Heck, grant the "Innocence Project" credit for every single exoneration as an innocent man killed by the state, and the math still favors the DP.