Just one innocent death kills the death penalty as far as I'm concerned. I'm pro-life/anti-death penalty for this very reason. Juries are not infallible. Especially with DNA advancements.
So, you would paralyze valid societal actions for fear of making a rare error? Even if it ends up costing more innocents their life due to your inaction? If Clarence Ray Allen had been executed for the first murder he committed, three more innocents would be alive today.
Juries are not infallible. Especially with DNA advancements.
And if the DNA proof is conclusive? If the killer confesses? If the murder was done on live TV, by an assassin?