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Well, the trouble with the death penalty comes from the seemingly unrelated DNA rape cases. We've learned that in at least one state, half of them were overturned when DNA proved the defendant innocent. It's very easy to conclude that perhaps half the folks on death row who are pleading they didn't do the crime are probably correct.
It's sad, because a justice system needs to have the confidence of the public. Between the DNA evidence that the system simply doesn't work and revelations that there is cheating going on at every level of the justice system, it's very difficult to take the process seriously anymore.
Of course, McVeigh has confessed to the crime and clearly WANTS to be a martyr, so his case won't have a lot of us shedding tears, but clearly something is profoundly wrong with the American system of justice.
I suggest we look at the French nonadversarial system. Where both sides work for the judge, experts are chosen by and are beholden only to the judge, not one side or the other. In other words, it's a rational inquiry, not a slugfest between two opponents who are little bound by ethics, since their goal is to win, no matter what.
To me, the French way sounds pretty reasonable, and the old saw that "our system is the worst justice system in the world except for all the others" sounds a bit hollow.
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