A challenge: help me “come off the fence” concerning the death penalty!

In a wonderfully provocative comment, peter here urges me to “come off the fence” concerning the death penalty.  OMG echoes and endorses “peter’s very respectful observation.”  If forced off the fence, however, I am probably not inclined to land on the abolitionist side (where peter and OMG apparently want me).  In the (silly?) hope of generating a productive debate, let me quickly explain to peter and others why I am so ambivalent about the death penalty.

1.  Uncertainty about deterrence.  Lacking sophisticated social science skills, I cannot reach a firm conclusion on the empirical debate over whether the death penalty saves innocent lives.  But my consequentialist philosophy makes me willing to endorse the execution of a few convicted murderers if doing so could save innocent lives.  Though many justifiably raise doubts about deterrence data, only clear evidence that the death penalty costs innocent lives would turn me into a committed abolitionist.

2.  Concerns about alternatives.  In the spirit of JS Mill’s famed speech, I am troubled by the embrace of life imprisonment without parole (LWOP) as a “more just” alternative to the death penalty.  It is telling (and disappointing) that many modern efforts to abolish the death penalty lead to more LWOP sentences (often even for some offenders who would not have been subject to capital punishment).

3.  Sincere assertions of victims’ interests.  I believe victims should have a prominent (though not dominant) say in how the criminal law responds to their victimization.  Consequently, I have a hard time disregarding the voices of those victims who sincerely assert and genuinely believe that only the execution of a murderer will bring catharsis or repose for them.

4.  Respect for democratic choices.  Points made above do not make me a supporter of the death penalty, just an agnostic.  But that agnosticism makes me skeptical of abolitionist opposition to the death penalty in light of broad democratic support for the punishment.  Though I do not agree with all policy positions supported by public opinion polls, my respect for democratic choices makes me wary of the implicit political commitments of committed abolitionists.

That all said, I still view the modern flawed American death penalty system as an expensive, convoluted and distorting legal machinery that probably does more harm than good.  But that is why I tend to be drawn more toward arguments to fix the death penalty — by, as suggested here and here, making it exclusively federal — rather than toward abolitionist claims. 

But, on a Friday afternoon after a long week, perhaps I just can’t see the great arguments for pushing me off the fence regarding the death penalty.  Commentors are encouraged to help me see the light.