Quote:
Originally posted by Replaced_Texan
I think it's a combo of local prosecutors not wanting to look like they're soft on crime and pressure from so called "Victim's Rights" organizations that put pressure them to not give an inch to anyone who has ever been convicted, even if that conviction is wrong and/or the victim's family isn't on board with the prosecution.
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It's so short cited. The legitimacy of the death penalty depends entirely on the proposition that innocent people are never executed. If they are, it becomes basically indefensible--the only way to allow it is to assure everyone that any person executed is certainly guilty of the crime.
I suppose it's a collective action problem. An individual prosecutor doesn't really care about the overall legitimacy of the system. On the other hand, by the time it's in the Supreme Court (state or fed.), it's the state AG handling it, and they should have a systematic view.