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Arguably, an unborn baby cannot be guilty of anything. But an adult sentenced to death is often guilty of some horrible crime. So if you accept killing as a punishment, there is no contradiction.
Until you realize that our court system is FULL of false arrests, and the courts have some stupid high number like 98% conviction rate.
They say "take the deal, or the court will fuck you".
2 years vs 30 years.
And then later they run a second trial for something else that has a death penalty as the outcome. The jury is shown this guy, already in prison, for a semi-related charge. Already convicted of the other charge. So his ability to appear innocent is already swayed. And now suddenly there's no deal. The court goes full hammer. The jury is made to believe he did it 100%.
And he can't say he didn't do it, and wasn't even there, because he ALREADY pleaded guilty to the other charge which would place him there.
So now you got a populace, who wasn't in either court session, not seeing how this escalated, and not willing to believe our court system may be flawed. Just kill the criminal and move on, right?
You are overstating it. all evidence I can find is only a small percentage are not guilty. Of course that small possibility is enough for me to be against the death pentalty. If we had a way to be 100% sure of guilt I'd favor death but since we don't I can't go that far.