Are There Errors and Biases in the Application of the Death Penalty?

Abstract In this chapter, the author argues that society must not close its eyes to the reality of error in the justice system and that sometimes the system wrongfully arrests, convicts, imprisons, and occasionally even executes an innocent person. This is the most troubling form of error in capital cases. The chapter details some instances of wrongful execution and explores the reasons for such miscarriages of justice.

The author argues that the alternative to the death penalty—life imprisonment without the possibility of parole—not only satisfies society’s goal of protecting itself, but also eliminates the risk of killing innocent people or threatening them with execution.