Should the U.S. Abolish the Death Penalty?

Should the U.S. Abolish the Death Penalty?

The death penalty has provoked heated discussion since biblical times, and today the debate remains as controversial as ever. Is such a sentence ever justified? Capital punishment is an intensely emotional topic for everyone involved because it sits at the intersection of life, death and the very definition of the word 'justice.'

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Josh Marquis

The Idea that Many People on Death Row are Innocent is Nonsense

Joshua Marquis

District Attorney, Media Commentator

One of the most pernicious urban legends perpetrated by those who oppose capital punishment is that innocent people have been executed and that there have a large number of exonerations. Exoneration means innocent and while there is no question the justice system makes mistakes they are extremely rare. Of almost 10,000 people sentenced to death over the last 30 years exactly 4 have been removed from death row because DNA showed it extremely unlikely they committed the crimes of which they were convicted. The Innocence Project points to just over 200 DNA exonerations in all kinds of serious felonies. The question raised by Justice Scalia in his concurrence in the case of Kansas vs. Marsh was out of what universe. Those are 200 DNA exonerations out of tens of millions of rapes and murder cases.  That would mean an error rate of about one ten thousandths of one percent or putting it another way a success rate of around 99.99%. No human endeavor is without risk and every year tens of thousands of people are killed by mistakes by pharmacists and doctors. Yet we don’t stop medicine or surgery, we seek to improve it and reduce the risk.

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