Opponents of the death penalty have based much of their argument on the likelihood of executing an innocent person. It can be argued that one case is too many, and even the staunchest death penalty supporters wish to be certain of guilt. In a human system, it is impossible to believe that we have always been right. Death rows across America are filled with inmates for whom guilt is a certainty. But groups like the Innocence Project have successfully used modern DNA technology to exonerate almost 400 convicts—21 of whom were awaiting execution.

Juries convict routinely on a basis of proof beyond a reasonable doubt. If a mistake is made, someone can be released from prison. Since execution is forever, perhaps we can raise the bar to a certainty of guilt beyond even the shadow of a doubt, reserving life imprisonment for those cases that fall short.

Opponents also assert that the death penalty is applied in a racially biased manner. The Death Penalty Information Center points to a 35 percent figure for black death sentences, nearly three times the percentage of the population that is African American. But the higher death penalty rate reflects a higher crime rate among minorities, and these inequalities are likely more economic than racial.