UT, I think that's a great point. There are two different issues here. There is the question of the death penalty as an idea, as a morally defensible tool of justice, and then there is the question of our ability to use it in a way that is morally defensible.
I am in support of the death penalty as morally allowable in an ideal setting, but I have no confidence in our system being able to use it in an accurate, and thereby morally defensible way.
-sm
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