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> I would say that condition is 100% impossible to meet, and would present that as an argument against the death penalty.

Without getting into the pro/con discussion, that doesn't sound right to me. I was under the impression that the vast majority of criminal cases were complete walk-overs: You have weapon, forensics, motive, opportunity, confession and what not all aligning perfectly.

By a stroke of tautology, we never hear about them because they are boring.

Or at the other end of the spectrum: Where is the wiggle-room for less than 100% certain guilt in the Anders Behring Breivik case in Norway?



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