Death Penalty Article

[David Sklansky]

"David's initiative is already part of our legal system, at least in some jurisdictions. For instance in the Scott "Peterson trial, the jury was instructed that it must give a sentence of life in prison if it had any "lingering doubt" about his guilt. Apparently it didn't.

A related issue will soon be before the Supreme Court in Oregon v. Mazek -- whether or not the court is required to allow the defense to present evidence of innocence in the penalty phase. The purpose of this would be so that the defense can try to create lingering doubt in the minds of the jury."

In that case I think it is necessary to bring in the Horribleness Points Argument. The idea that there is a different risk versus reward ratio for death vs. life compared to innocence vs. guilt.