This is the second post in my series examining how I'm voting this election.  This post is about death penalty referendum.  I'll admit that this is one of the harder issues I've thought about, and I've always been torn on the issue.  In the end however, I'll be voting no on this question.

But first, let's look at the question itself:

Death penalty in Wisconsin.  Should the death penalty be enacted in the State of Wisconsin for cases involving a person who is convicted of multiple first−degree intentional homicides, if the homicides are vicious and the convictions are supported by DNA evidence?"

In theory I absolutely agree with the death penalty.  I think that for most people, they are either in complete agreement or disagreement.  It's something you believe or don't believe at a gut level.  And on a gut level, I firmly believe that some crimes are so heinous, and some people are so evil, that the only appropriate punishment for their crimes is death.

But that's in theory.  In fact, I know that most cases where the death penalty would be called into question are not lock solid cases, and DNA is certainly not infallible (though I do think that the existence of DNA testing is the only way this question got as far as it did).  More importantly, people are not infallible.  People can get caught up in emotion and need to hold someone accountable, and miscarriages of justice can take place.

Of all the punishments that we as a society we can list on our books, death is the one that can never be taken back.  A person can always be let our of prison (even though they may have faced unheard of atrocities while there).  At least they'll be alive, and can attempt to make something of the rest of their life.  Once put to death, you can't bring them back if you find out you were wrong later.  And that's really all there is too it.

You can argue religious belief both for and against death.  You can argue the cost of the death penalty vs. life in prison.  Putting someone to death does cost more than life in prison, but mostly due to the appeals process.  But then, I'd never want to remove those chances for appeal, because that simply increases the likelihood that the death penalty may be mistakenly applied.

Are there cases where there is absolutely no doubt that someone committed a crime and should be put to death?  I believe there are.  I also think that it's impossible to formulate a law that would encompass those few cases, and no others, which is why I'll be voting No on this question.