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The Death Penalty in a World Where the Innocent Are Sometimes Convicted

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dc.contributor.author Loewy, Arnold H.
dc.date.accessioned 2010-04-16T15:32:49Z
dc.date.available 2010-04-16T15:32:49Z
dc.date.issued 2008
dc.identifier.citation 41 Tex. Tech L. Rev. 187 en_US
dc.identifier.uri http://hdl.handle.net/10601/596
dc.description.abstract In this Article, I consider whether we should eliminate the death penalty because we almost certainly have executed innocent persons in the past and will continue to do so in the future. Some would say, “Of course we should.” They would argue that it is highly immoral to maintain a system that cannot assure us that an innocent person would never be executed. My own position is considerably more nuanced. In my view, if executing guilty murderers (or some subgroup thereof) clearly benefited society in a way that life imprisonment without parole does not and could not, I would be willing to at least consider the plausibility of allowing an occasional mistaken execution as “collateral damage” to protect a valuable and necessary punishment resource for the State. I do not, however, reach that conclusion. In my mind, even when we are dealing with defendants in whom we have 100% confidence of guilt (if such cases exist), the case for capital punishment is at best a wash, and probably fails. Consequently, when we superimpose the almost certainty of executing some innocents, the case for capital punishment with its concomitant collateral damage is simply not a cost worth paying.
dc.publisher Texas Tech Law Review
dc.relation.uri http://heinonline.org/HOL/Page?collection=journals&handle=hein.journals/text41&id=195
dc.relation.uri https://advance.lexis.com/api/document/collection/analytical-materials/id/4VPM-B490-00CT-V0RJ-00000-00?context=1000516
dc.relation.uri https://a.next.westlaw.com/Document/I96c3ac1502c211deb055de4196f001f3/View/FullText.html
dc.subject Death penalty en_US
dc.title The Death Penalty in a World Where the Innocent Are Sometimes Convicted en_US
dc.type Article en_US


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