Here's an example of why I'd never support the death penalty

[tsx1968]

Hard labor is superior and more useful to society, but you need the threat of the death penalty to give prisoners motivation to do the hard labor.

[Associate Justice PiT]

It should not be legal to execute without a judicial finding that the guy being executed is in fact the killer, not beyond a mere reasonable doubt, but to a moral certainty. That would preclude situations such as this.

     Does "moral certainty" even have any sort of legal definition currently? It seems like it would be a hassle to christen brand new legal terminology just to deal with death penalty cases.