zegram33 said:
and basically...
As I see it, the death penalty should be allowable, HOWEVER
if it is later proven that the man/woman killed was innocent, the judge who decided on the death penalty, MUST face the death penalty. no re-trials, no loopholes, if he killed an innocent man, then since society has already said that's a crime punishable by death....theres only one option to avoid making a mockery of the societies values.
and that way, a judge would have to be either really sure or really outraged at the crime
That's insanely problematic. In this scenario, a judge could still be executed for doing their job perfectly.
A judge can only rely on the evidence presented, and that evidence is never going to be perfect, it's possible to frame someone, it's possible that someone down the chain fucked up, it's possible that DNA evidence was incorrect, but a judge has no way at all of knowing what those instances are.
You are essentially suggesting that out of two judges with completely identical evidence presented, one should be executed and one shouldn't because of someone completely unrelated to them down the chain fucking up.
You seem to be under the delusion that the system is perfect and mistakes don't happen. But the court system is as flawed as any system of the government, and it's just as liable to error. The evidence acquired may not always be correct, the picture that seems clearly painted might be completely wrong, but it's still completely indistinguishable from valid evidence to the judge or jury.
And even if you chose to punish the person responsible for the false evidence in those instances, what would be the line at which a judge would be sufficiently sure to convict someone of the death penalty?
Because there's ALWAYS a chance. Even if the evidence presented was valid, there's ALWAYS a chance that the person was still innocent, that something else was going on.
People speaking of video evidence are apparently unaware of very convincing masks, genetic twins, or doppelgangers. But if you have clear video evidence of someone being killed by someone else, there's still a 99,8 percent chance that they did it. Should a judge withhold the death penalty on that 0,02% chance? After all, one in 500 times they'd get executed for giving it.
A judge would never withhold PUNISHMENT if there was video evidence, but are they sure enough to risk their own death?
How sure would you have to be then? 99.99% sure? 1 and 0 are not probabilities, and there's no such thing as absolutely certain evidence. So basically, you're suggesting that a judge be executed for doing their job exactly as intended and trained.
You're basing this idea on the flawed notion that incompetence is required for a false sentence, that if perfectly executed the criminal justice system would never give anyone innocent a sentence, which is a nice idea but completely false. This would mean that 100% certainty were required for a conviction and there's no such thing.