Death by execution fits these psychological needs, and the mere existence of the death penalty encourages these pathological gambles with fate. This system is the one we use to decide who will live and who will die. If we make a mistake, capital punishment is irreversible. The initial decision of whether or not to charge the defendant with a capital crime lies at the discretion of one man, the prosecutor. As the case proceeds, discretion also plays a role in the decisions on conviction, sentencing and clemency.9Bedeau.
Human judgement is always susceptible to error.
Though the justice of God may indeed ordain that some should die, the justice of man is altogether and always insufficient for saying who these may be. The selection of a jury takes longer than in a non capital case. The publicity which often accompanies a capital case may force the trial to be moved to another county which creates an added expense. The trial itself will be longer, more complex and more expensive. Appeals in capital cases go directly to the Supreme Court incurring a still greater expense.