Fine.
Then keep the Death Penalty but devise better sentencing standards.
Hell, have juries who declare a Guilty verdict in capital cases, to devise two (2) sentences:
1. the death penalty
2. some alternative sentence
...then submit the sentences to some kind of death penalty judicial review panel.
All open and above board, with their own procedures and legal representations.
The purpose being to review the nature of the evidence used to convict.
If it's "hard evidence" - purely forensic, leaving no doubt of guilt, then off to Death Row goes the convict.
If it's "softer evidence" - testimony, etc., then the death penalty is rejected, and the alternative sentence is imposed.
With it's own time-limit and 'appeals' process, as well, within the domain of a hierarchy of Death Penalty Review specialist-jurists and court mechanisms.
Such evaluations to begin immediately and automatically after such a Guilty verdict and Preliminary Sentencing.
And, once reviewed, and if the Death Penalty is upheld, set a much shorter and inviolable time-limit for further appeals of the older kind (prior to the advent of Death Penalty Review mechanisms) - say, no more than two to five years.
Once that 'other appeals' time-limit is exhausted, it's Lights Out.
That should go a long way towards resolving concerns over the nature and fallibility of evidence, and related consistency in connection with sentencing, and would have the added benefit of eliminating the 20 or 30 year-long waits that some of these condemned folks enjoy, even though they're guilty as Hell. Cheaper, too.
That's all sounds nice and stuff.
But here's the problem. When they convicted Ronaldo Cruz for the murder of Jeanine Nicaraco, they had Forensics and a confession. Cops here in DuPage swore up and down that Rolando committed the murder, and he confessed to it.
Except he hadn't. The cops lied. They decided he "looked good for it" and fabricated evidence against him and two other guys who happened to be his friends.
Then a serial creep named Brian Dugan- already in prison for two other murders with the same MO - said he did this one, too.
The prosecutors and cops didn't tell the defense or the court. Cruz got the death penalty.
Then some hard-working law students - not the system- worked very hard to get him an appeal. The prosecutors changed their story, that Dugan confessed, but it was a jailhouse scheme to get Cruz off the hook. They got a SECOND conviction and death penalty.
The appeals courts threw that one out, but fortunately, by that time, someone actually bothered to test the evidence for DNA and it was Dugan all along. Geezus ******* Christ, Scooby-Doo could have figured this one out. Not to worry, the prosecutors had a new theory. Dugan and Cruz, who apparently never met, conspired to kill this little girl. They had a confession, dammit!!!!
Except by that time, they finally got ahold of the original interview notes. Oh, wait, they didn't have a confession. They spent 10 years and three trials trying to convict this man.
So, no, given the system is this flawed, I'm simply not in favor of executing anyone.
I should also point out the poor fool who usually finds himself on death row is the one who thinks he can beat the rap, sometimes becuase he didn't do it, sometimes because the evidence sucks, and sometimes because his lawyer sucks.
The guys who are as guilty as cats in a canary cage usually have the good sense to cop a plea.