the death penalty

I'm a firm believer in the idea that the death penalty is a good and proper component of our judicial system. I'm also a firm believer in the idea that any system designed and implemented by humans will sometimes break down. Glenn Reynolds points to this case as an example of our judicial system breaking down badly.

Unless these stories materially misrepresent the facts of the case, it seems obvious that the state of Mississippi is planning to execute an innocent man--not just an innocent man, but a man who was himself the victim of illegal police behavior. That any jury could even convict on the basis of these facts is difficult to fathom; that they would invoke the death penalty is downright disgraceful. It should go without saying that the death penalty is such an extraordinary punishment that it should be invoked only with extraordinary caution. Apparently this jury disagreed.

Fortunately, our system of justice does not move swiftly, so there should be plenty of time for an appeal or a pardon to resolve the situation. With sufficient attention paid to this case, the governor probably won't waste much time before issuing a pardon.

The question I'm asking myself is this: if the system doesn't correct its mistake by preventing this execution, should I withdraw my support for capital punishment? My gut feeling is that this case doesn't change the moral calculus--mistakes were always going to be part of the system, so knowing that one mistake has occurred shouldn't change the over-riding fact that death is the only appropriate punishment for some crimes. On the other hand, I may be more open to persuasion than I have been in the past. I'd much prefer that the system make this a moot question by overturning the conviction immediately.