A recent study cited in Forbes documented problems in the application of the death penalty in the United States. The provocative study suggests that one out of every twenty-five defendants sentenced to death in the U.S. is actually innocent.
The study, while not necessarily conclusive, strengthens my growing conviction that if we are going to be a nation that continues to sentence people to death, we must consider using a more Talmudic level of criterion in our sentencing. I am a longtime advocate of the death penalty, but it is difficult to continue such support when the possibility of a mistake is so high.
Much of my support of the death penalty lies in its source in Torah rather than my belief in the punishment as a deterrent to criminals. Yet it is becoming clear that our standards for evidence and sentencing fall short of the intent of Jewish law. That should trouble every Jew in America who supports capital punishment.
Hebrew Hutong 