Keep Executing The Innocent

4% Innocent Executions Is A Price Worth Paying For A Spotlight On Injustice

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%

Study suggests that 4% of the people we put on death row are innocent

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.

  Category: Law
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What The Fuck Is Wrong With Prosecutors?

When Did Prosecutors Forget Their Job Is Obtaining Justice Not Convictions?

A prosecutor in Minnesota has decided to charge a woman who apparently shot her boyfriend at his urging as part of a stupid youtube trick with a gun. Apparently he showed her a book that he’d shot previously and failed to penetrate to convince her to shoot a book he held in front of him while they filmed it. This is obviously tragic but in choosing to prosecute this woman prosecutors seem to have totally forgotten their job is to pursue justice not rack up convictions.

Might this meet the legal standard for manslaughter? Sure. Is anything achieved by prosecuting this woman other than ruining her life and that of her boyfriend’s child and soon to be born child? It is just cruel to further harm the deceased by hurting his family when there is no need. I have serious issues with the arbitrary power prosecutorial discretion provides but its cases like this which prosecutorial discretion exists for.

Usually we prosecute (2nd degree) manslaughter to deter people from engaging in behavior that unreasonably risks harm to others but in cases like this there is obviously no possibility of deterrence. Had she the presence of mind to realize the danger and weigh the risk of a manslaughter conviction she would have been deterred by the risk of killing her boyfriend. Even from a retributive point of view she lacked the kind of malicious intent that those who believe in this sort of thing usually want to punish and simply living with the consequences in this case is surely pretty awful1.

I hope the prosecutors offers a generous plea deal but that makes even less sense! If you agree she doesn’t deserve substantial prison time here why burden her with a criminal conviction? If its about symbolism (which is a bad reason to prosecute anyone) a slap on the wrist does insult the value of the victim’s life in a way that prosecutorial discretion doesn’t as it means you are holding the accused responsible for her boyfriend’s death but apparently don’t think that is worth very much.

I know that prosecutors have a long track record (browse Mimesis law/Fault Lines) of cruel prosecutions but I can almost imagine they really believe fighting the drug war means they need to convict the girlfriend who once drove a few grams of coke across town as a favor with conspiracy charges for all the crimes his gang committed. However, nothing but sheer numbneess to the suffering of the accused seems like it could explain this.


  1. In the unlikely case the prosecutor suspects the accused of having malicious intent and manipulating events to lead to her boyfriend’s death than he should charge her with murder only and let the jury decide. Again, if justice is the goal and, assuming things happened as she claims, she shouldn’t be tried then she should get the same presumption of innocence with regard to any suggestion it was murder that we believe accused criminals deserve. Just because the prosecutor has the legal power to circumvent the presumption of innocence standard with regard to a (surely fictional) suspicion of murder doesn’t mean it is right.