Thanks for the warm welcomes! I didn’t these responses until this morning. I’ve got my last final on Friday!
Though I think this thread is dead, I wanted to add a final observation. Last Saturday, I completed my Advanced Trial Ad jury trial–and then we watched, via microphones and a two-way mirror,a jury deliberate. Having been on a criminal jury myself, and having done this exercise before, I was aware that juries are often irrational and unpredictable. But the jury we observed misunderstood everything–the jury instructions, the testimony, even the exhibits (which they had in front of them). I’d like to think that we gave them cogent theories in our closings, but they ignored the arguments of both sides and came to a conclusion based very little on the evidence and very much on a misreading of jury instructions and (I’m not kidding) lessons learned from Top Gun.
My point with this is that, even when the legal problems referenced above are resolved, the death penalty allows a person’s fate to rest with a jury full of very infallible people. Although my case was a mock trial, I suspect many lawyers can tell stories of times when real juries decided real cases in wholly irrational ways.
Perhaps even if the justice system otherwise works perfectly, when life is at stake, we cannot trust 12 very fallible people in a closed room to decide the facts.