
Now that many US states have switched to lethal injection, death is painless. Tolerance of inocent victims killed is surely more barbaric.
In nations where this is the case it should be corrected so that the penalty is predictable and automatic for certain offences. This is not an argument against the DP but for its better use.
This possibility can be greatly reduced by making at least two witnesses necessary for a conviction and by making the same penalties apply to false witnesses as apply to the accused if convicted ie a police officer who lies to get a man convicted would himself be put to death if this was discovered. In this scenario no one is framed because the costs of doing so are too high. Hugh Bedau (who opposes DP )has analysed the 7000 executions between 1893 and 1971 in the US and concludes that the record fails to show that such cases occur.
Where there has been trials of the above that could have led to DP but were caught in time it is usually due to racism or police corruption which the laws against false witnesses eliminate ( no matter how corrupt you are you aren't going to run the risk of your own death to wrongly accuse someone else.)
In the event that such an event did occur the final court of appeal is the judgement seat of God where we can be completely sure that perfect justive will finally be done.
Jurors should only be asked to determine guilt or innocence , the penalty should be known in advance, there should be no possibility of life imprisonment. Fundamentally there is no need then for the legal issues to be complex so the skills of the lawers should not overly affect the outcome except to ensure all the evidence is seen so verdict is the correct one. In the middle east where penalties are tough there is a very low crime rate (Economist Sep 13th 97) 2/3rds of those executed are foreign Sometimes crusifiction then firing squad (as for two convicted serial killers in Abu Dhabi) In the Phillipines they banned the DP in 87 but by 93 it was back for 13 crimes. Breakdown in the social ordere was the explanation.