So.. the system (any system created by homo-sap) is
guaranteed imperfect: at every stage of the process from arrest to final disposition. That's another dozen threads. But another argument for Not offing anyone - especially since we discovered DNA and.. lots of prisoners haven't (yet) gotten to have that litmus test du jour. At present rate - expect many of those to die without it.
[edit] - prolly more a reply to Dan
But never mind the imperfection of the 'guilt finding' process. Assume guilt's a fact in some case. As Mike Huber observed somewhere around here, the decision Not to Kill is *NOT* about the perp! It's about 'us'; what we imagine we stand-for (as they say) or wish - we might next stand a bit higher-for (?).
And the lowest motivation for assigning punishment: must be, to assuage bloodlust. If we ever want to try for growing out of adolescence, that is - as a culture, as a species.
Maybe 'we' don't (want to try). But I'd like to see us try. Other countries have decided to try. Are we lesser? Or just more Righteous.. and they're a bunch of wimps?
