In reply to Jon Stewart:
> So are you saying that there is no problem with wrongful convictions, or perhaps that they just don't matter?
> My view is that introducing the DP necessarily means cases where someone serves most of their life on death row in a never ending series of appeals. It's fundamental to the nature of justice that cases are decided on the balance of probabilities, not on certainty, and that's not compatible with killing someone. The DP is not practical because the justice system does not deliver the level of certainty required to justify killing.
Currently cases are decided on the basis of "beyond reasonable doubt" - whilst not quite "certain" it is substantially more than "balance of probabilities".
If your concern is that there are
far too many wrongful convictions - thus the death penalty would be applied far too liberally I would disagree.
In any event that would be an argument for a root and branch reform of our system as it clearly isn't working.
I don't dispute that the possibility of a wrongful conviction does exist (despite the fact that by it's very nature our system is geared up to let the guilty go free rather than to convict the innocent).
> This whole idea of the sentence being dependent on the prosecution declaring a slam dunk is absurd. Is it not fundamental to justice that the crime dictates the sentence, not the nature of the evidence?
The sentence is dependent on the offence. The prosecution make similar decisions on a daily if not hourly basis :-
"We will charge with actual bodily harm not GBH"
"We have sufficient evidence for a charge of manslaughter not murder"
In a similar manner it is possible to envisage - "Yes, the evidence is overwhelming, the circumstances and nature of the offence so extreme that we are happy to charge with murder with the provision of the death penalty"
I think a system is entirely feasible where for heinous offences with cast-iron evidence of guilt then there would be an opportunity to press for a charge with the possibility of a death sentence on conviction.
There would be an additional safeguards in that the jury would have to convict (so the evidence would be tested) and then following conviction the judge would have the option of sentencing to a lesser sentence.
Whether this is the way we want our justice system to go is another matter entirely, but to suggest that it wouldn't work because - a)its too expensive b)we would have to adopt an American system of eternal appeals, c)we wrongly convict far too many people, don't seem particularly strong arguments against it.