There's really no such thing.
Instead, there is a very high burden of proof, there's a lot of protections built into the process, and, most important, it's an adversarial process in which one side is standing up for the defendant. If the evidence isn't good enough, the defendant's lawyer can and must show that to the jury, with them making the final decision on who is right.
Which, in my opinion, is a fantastic argument against the death penalty.
"Many that live deserve death. And some that die deserve life. Can you give it to them? Then do not be too eager to deal out death in judgement. For even the very wise cannot see all ends." - Gandalf
Then again, it's not like I'm super happy about someone being in prison for their whole life, if they're innocent. But practically speaking, there needs to be some way to incarcerate people.
There is a very high burden of proof for both of them and to my knowledge, no doubts as to their guilt. I personally find it morally reprehensible individuals like themselves are still gifted with life after the lives they ruined.
Maybe this is a mindset I will grow out of as I grow older.
His neighbor was a kleptomaniac. He constantly broke in and stole stuff from the man I was talking to.
The man I was talking to constantly reported it to the police, who said they could do nothing unless the man broke in.
The man I was talking to eventually caught the thief breaking in, at which point he held him at gunpoint until the police came and arrested the thief.
The man served his time in prison, eventually got out and went right back to his thieving ways.
The man I was talking to waited until the guy broke in, then shot him to death.
Problem solved, but what a stupid and roundabout way of solving it.
I once got a lot of stuff stolen from me; long story but I could identify the perpetrators with 100% confidence. At the police station they showed me quite a lot of grids of photo mugshots, unsurprisingly I found the thieves. But then the officer told me that one of them had been caught 17 times, and yet here he was, still stealing stuff. I was asked to be a witness to make a case, I refused because clearly justice wasn't working at all so what's the point?
I am pretty sure that this person will continue his ways until he dies but society is unwilling to recognize this reality and "justice" is those kinds of people getting a free pass at the expense of law-abiding citizens.
Meanwhile if you are caught driving too fast you will get an insane fee, car seized, and permit revoked. "Justice" is very nice to criminal, but always hard on weak people who have no choice, funny thing that we call it justice.
The problem is the way that the severity of the crime makes juries less reliable.
When there is particularly severe circumstances (like a particularly horrific homocide) the psychological penalty for -not- convicting is much higher, and the desire to feel certain that a perpetrator has been found is much higher than say, a case of property theft.
Combined with the death penalty, these biases add up to a murder machine rather than an instrument of justice.
Estimations based on actual exonerations place the false conviction rate in some states >1%. If 1% are exonerated (which requires extraordinary evidence, often obtained by happenstance in solving other crimes) it’s a pretty safe bet we may be looking at >10% false convictions.
Add to this the fact that even confessions are unreliable, something I have some personal anecdotal experience with.
When I was eleven, school officials accused me of doing something I absolutely did not do. (and in fact there was no evidence that the thing had actually even happened, it was later told to me by the person claiming the event that it was fabricated from whole cloth)
I became so convinced that I did in fact do it that I invented an entire scenario where I had some kind of psychological episode, explaining why I did not directly remember doing the thing, but I was 100 percent sure that I had actually done it.
I am not, and was not , a weak minded person. I did, however, at that time, trust in the idea of authority figures.
It is not hard to to imagine that an adult on the other side of the bell curve that was basically trusting in society might easily fall into the same trap of disbelief->rationalization in an effort to to conform their reality to the “objective truth”.
After this experience,I don’t place much weight in confessions, even less in plea bargains.
The primary responsibility of a defense attorney isn't what a guilty defendant wants (to get off the charges), but it is to ensure that their client receives an absolutely fair trial with all the fairly-obtained evidence fairly presented.
Having watched a few FBI interrogations and other true crime related videos there certainly are such proofs.
I have a few of these come to mind, like the dude who killed his ex, took the house surveillance cameras down after the facts but didn't know they were backed up on servers, he was caught with the cameras in his truck shortly after. Most of these publicly known cases have a ridiculously long trail of proofs actually
I'm not saying mistakes don't happen, they obviously do, but in many cases it's extremely easy to prove if someone's guilty or not.
> Even if the suspect is on camera confessing.
That's not enough in most countries
Preaching to a choir of geeks looking for "solutions" is the wrong target.