I agree with you. I think most of the time victims’ families are seeking revenge, and its difficult not to. Quite honestly, I’d have a very difficult time not desiring revenge if someone I loved was murdered. Similarly, I think when juries see someone accused of a heinous act (like a rape/murder, or serial murder, etc.), its probably nearly as difficult for them to try to serve justice and not simply seek revenge on this person who is accused of doing so. Its made even worse because prosecutors will play on that desire for revenge to get convictions or harsher sentences. Unfortunately, emotions and simple error in judgment are parts of the equation whenever humans are involved.
Again, I agree that its not perfect; but I argue that isn’t an error in the equity or inequity of the death penalty, but rather a problem with the trial system itself. I’d be very interested to see a non-biased confusion matrix on the convictions for various types of crimes, but I doubt that is possible. We can ascertain false positives (false convictions) only if they’re eventually acquitted; and we can never really be sure about false negatives, because it would be double jeopardy. I agree with the constitution’s framers that we should highly favor false negatives over false positives (ie, its better to let 10 guilty men free than imprison one innocent man), and that’s clear by the ability to repeatedly appeal, and no double jeopardy, etc.
We have to eventually have some level of trust in the system, and trust that it has a low error rate, and a very low false positive rate, otherwise, what’s the point? It is a depressing thought that some innocent people are imprisoned or put to death; but I think it would be far worse to live in a society where justice was not as much of a virtue as we think it is. Is the rule of law and justice worth that price to society? I think it is.
We will inevitably be view as barbaric, whether it is for the death penalty, for destroying the Earth, for being racists, for eating meat, for being a bunch of warmongers, for not taking care of our poor, for being greedy, or Lord knows what else we may or may not be see as being barbaric. Because of this, its unreasonable to concern our current actions with what they’ll think precisely because of this. We have to do what we think is the right thing to do now, especially since we can never know what their standards of judging us will be.
Besides, I’d like to hope that future societies will be more strongly ruled by rights and just law. I doubt the death penalty will be going anywhere anytime soon, if ever. Even so, because of this, I doubt we will be looked down upon more for the death penalty than any number of other things we do or don’t do. Maybe we’ll eventually figure out a more equitable solution, maybe not… at least we’re trying to be just.