Since 4% of death row inmates are innocent we should keep the theoretical death penalty. I don’t want to execute anyone and ideally everyone on death row dies of old age before being executed but it’s only because of the death penalty that we have so much information about and public interest in the failings of our criminal justice system. I think that it’s only as a result of safeguards introduced because of worries about incorrect executions (DNA retesting) or fixes to forensic or legal failings that we don’t have more innocent people spending huge fractions of their lives in prison.
I don’t think being executed is much worse than life in a US prison. Given a choice between a coin flip between going free and being executed and the certainty of life in prison I’d take the coin flip. Hell, I’d take 9:1 odds. Other people’s preferences differ but I find it hard to believe that the death penalty is more than 10 times as bad as life in prison (and this is clouded by our irrationally strong drive to survive rather than a pure utility judgement) and a very small percentage of all convicts get the death penalty.
Without the death penalty there won’t be any ‘oh shit, was that guy innocent’ moment or double checks before execution. At any point the justice system will just delay or avoid reconsidering any issues and without the spotlight presented by arguments of innocence made by death penalty convicts people will just assume what’s easy to believe: our criminal justice system gets it right and the innocent are rarely convicted. If the price to pay for this is just 4% incorrect executions I think it’s worth paying.
Of course, it should be noted that the rate of innocent people being convicted will be much higher outside of death penalty cases. Inmates on death row had cases that not only went to trial but received far more scrutiny than even those non-death penalty cases that do go to trial. Personally, I wouldn’t be surprised if the true rate of people in prison for crimes they didn’t commit was as high as 10-20%
How well does the US justice system work? Given that many states still carry out the death penalty, it’s a rather significant question. Some biostatisticians have teamed up with lawyers in an attempt to provide a scientific answer to the question. Based on their figures, at least 4.1 percent of the individuals sentenced to death will eventually be exonerated.