Stephen Markman acknowledges that the possibility of executing an innocent person is the strongest argument against the death penalty. However, he argues that many institutions in society carry the risk of tragic errors. While no statistics prove an innocent person has been executed in the US this century, the system must assume it is possible. Markman believes the death penalty ultimately saves more lives than are lost from accidental executions, as alternatives like life imprisonment have led to more deaths from prisoner escapes and violence. Therefore, the deterrent effect of capital punishment has outweighed the risks and saved thousands of lives.

1. For proponents of capital punishment, address this:
Assume now, for the purposes of discussion, that no matter how
meticulous the Prosecution in a death penalty case may be, there will be
the unintended execution of an innocent person.
Does the inevitability of such an innocent death cause you to doubt your
position in support of the death penalty? If not, why not?
Stephen Markman:
Former United States Attorney in Michigan
“This is clearly the strongest argument against the death penalty.
Despite all the procedures and due process that can be
introduced, it is a human system and there is the possibility of
error in that system.
Although there is no clear evidence that there has in fact been
that erroneous execution in this century, I think we have to
assume that it is possible. The argument against that is this: that
there are many things we do in society that carry that kind of
tragic possibility - we have surgeries, medicines, traffic,
construction etc. Each of these institutions ultimately leads to the
death of innocents in some statistically certain number of
circumstances. I think we have to look at this as a system that

2. ultimately saves many more lives than the inadvertent life that
is occasionally tragically lost in the system.
For every innocent who is executed, and again, we don’t have the
statistics, I would suggest that there are many more innocent lives
that would be lost with the alternative. Even with life with parole,
we’ve lost many more lives as a result of escapees and prisoners
killing other prisoners, prisoners killing guards.
There is no perfect system but I would suggest that we have lost
many more lives with prisoners escaping and killing others. The
larger argument is that we have saved thousands and thousands
of lives with the deterrent element of capital punishment and that
would totally be lost if we abolish the deathpenalty.”