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But anyhow. I'd concede that for other than rhetorical reasons this only muddies the water. Still, the question remains why these two would willingly send a possibly innocent man to jail for his entire life? Since there are innocents being killed-- at least according to them and their sources-- then why are we sending anyone at all to prison? Is prison an acceptably semi-humane place to send innocent men?
Yes.
We all have limits somewhere. Practically all the laws we have are just about were we decide the limits should go. Sometimes we decide arbitrarilly, sometimes we use statistics (even if only theoretical statistics). But even in that case, it's just a matter of deciding where to set the limit on how much statistical error we are willing to live with.
Furthermore, the legal system in this country is designed to minimize Type 1 errors (convicting an innocent) and to worry less about Type 2 errors (failing to convict the guilty). That's just the way the constitution is written.
So while we can accept a few Type 1 errors in conviction proceedings, we can accept even less in death penalty sentencing cases.
Why is it different? The death penalty is final. It can't be reversed. And yes, I do believe it's better to live in prison than to be executed.