When the numbers out of illinois revealed that an equal number of men on death row were released as were executed, I dont buy the line that we can be sure they were nearly all guilty. Nothing (that I have seen) indicates to me that Illinois is simply an anomoly, so I will continue to advocate a moratorium on the death penalty except in cases where there is no reasonable doubt.
The funny thing is, 'no reasonable doubt' is SUPPOSED to be the burden met in order to convict ANY person of ANY criminal act. I've studied numerous cases, and it is downright SCARY how little concrete evidence, or circumstantial evidence for that matter, a person can be tried, convicted, and sentenced to DEATH for in this country.
Look at the number of men being exonerated of their rape convictions after rotting away in some prison for a decade or longer, almost every week there is a new case. Many of these men were convicted PURELY on "he said/she said" evidence, with NO corraborating physical evidence whatsoever that a forcible rape occurred.
There is NO WAY anyone can credibly argue that when the jury's basis of deliberation comes down to deciding whom is more believable based solely on their perceptions of believability, this precludes the possibility of innocence by a reasonable doubt. It's 50-50, either he is telling the truth, or he isn't. I would NEVER send someone to prison based on those odds.
We've come to a point where there is an urgency to prevent the guilty from going free, even if it means we will error on the side of more wrongful convictions. I've heard people say that it is unacceptable for one guilty man to go free, but its 'just the way the ball bounces' when an innocent person is wrongly convicted. Our justice system was framed to be deliberately biased in favor of preventing a wrongful conviction: "that ten guilty men should go free before one innocent man is wrongly convicted." We've come close to turning that bias on its head, not only are we letting many guilty persons go free, we're convicting the innocent in disturbing numbers.
I don't know what the solution is, but I know that prosecutors being politicians is part of the problem.