The DP is entirely appropriate for certain types of crimes, and we have Congress and the state legislatures to speak for The People and decide what those crimes are.
However, under the American system of criminal "justice," it has become possible for any renegade judge with a personal opposition to the DP to thwart the entire system and defeat the rightful intentions of the legislature, prosecutors, trial judges, juries, and in fact the Founding Fathers. Look at the cluster **** we are now witnessing because a pharmaceutical company has decided to stop producing the "favorite" execution drug. Can you believe this? ACLU lawyers and sympathetic judges have ruled that it is "unconstitutional" to make someone undergo discomfort while we are rightfully executing them. Is any further evidence needed that the lunatics are running the assylum?
And this sorry situation will not be resolved in our lifetimes. In fact, such judges are daily re-writing the laws of every state in the union, not only with respect to the death penalty, but with environmental laws & regulations, other criminal laws, property laws, tort law, and so on.
As a pragmatic conservative, my belief is that the DP should immediately be abolished by Constitutional Amendment. It is simply not worth the trouble to tax the entire criminal justice system with the burden of trying to execute people for DECADES, only to have most convictions overturned on "technicalities," and most DP convicts dying of old age. Think of some of the benefits this abolition would have:
Deprive the ACLU of a major source of contributions,
Get bleeding hearts to STFU already,
Save the cost of endless appeals of DP cases through the state and federal courts,
Allow DP convicts to remain in prison populations, able to kill again (hopefully other bad guys) with impunity.
The list goes on and on. Lock 'em up, and throw away the key; that's what I say.
It is a simple matter of cost-benefit analysis. It is NOT WORTH THE EFFORT to try to execute these low-lifes, knowing that only a small percentage of them will actually fry.