Marc Hyden writes in Mises Daily:
The framework that governs the death penalty guarantees dysfunction. Elected prosecutors are given broad discretion to decide to seek a death sentence or not — regardless of the wishes of the victim or victim’s family members. Political, rather than moral or legal, considerations sometimes drive elected officials to pursue a death sentence. Even the juries are designed to support the death penalty. If a prosecutor seeks capital punishment, then a person who opposes the death penalty is generally not permitted to serve on that jury. If that alone isn’t problematic enough, the appeals process that is currently in place is there not to introduce new evidence but to ensure the convicted was given a fair initial trial. It remains incredibly difficult to introduce new evidence. This framework favors the death penalty and the will of the government over protecting the rights of the people.