I think Dave and Klinton make a good point. If you could be 110% sure so-and-so commited a first degree murder, then the death penalty would be so bad. But its a human institution, and apt to mess up sometimes. The death penalty, to me, is something you hate when it exists and want when you don't have it.
Now, two questions (mostly relevent to US posters here, but of course everyone is welcomed to put in their two cents).
If legislation were to start up again against the death penalty, shouuld it be a national issue or a state-by-state issue?
What would be an alterternative to the death penalty? You can be serious or funny with this one (we do have to keep it light).