We'll never know how many potential Scott Petersen's are out there who decided against their plans on the risk of getting caught...and potentially executed. In fact, we only seem to get to see the truly stupid ones. Like Petersen and Hacking, who weren't particularly clever about their crimes, but tried to play out an alibi anyway.
Actually, I'm not sure if a death penalty is right in Petersen's case. If he truly did what they said, I believe he deserves it. But I believe that for a death penalty, the evidence needs to pin the crime undeniably to the person. "Reasonable doubt" should be enough to get a "life with no parole" sentence, but for an execution, I would rather see direct proof, not implied. Even if the implied proof is, as in Petersen's case, still pretty damning.
Here's another thought on an effective use of the death penalty.
Kansas has the death penalty but has not executed anyone since it was reinstitued. In many potential death penalty cases around here, where the evidence was pretty clear cut, the mere threat of the death penalty has generated plea bargains for "hard 40" or "life without parole" life sentences, saving what might otherwise have been lengthy trials.
Our local prosecutor does not like the death penalty, but uses it as an effective bargaining chip.
There have been complaints, in come cases, that some accused criminals have plead guilty simply to avoid the death penalty, though, IMO, I have not seen cases where that tactic has been abused. But the fear of the death penalty DOES carry a significant bearing in the potentially capital cases in our area. Prosecutors appear to actually keep people OFF Kansas' death row based on that fear.
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