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I am pretty much in total agreement with you TL - the one snag being how do you legally define conclusive proof. Some idiot runs amok in a shopping mall and shoots 20 people in front of hundreds of witnesses. They tear the gun out of his demented hand - yup - here is somthing that I can support the death penalty for. People absolutely caught in the act. Whenever it gets down to testimonies and "balance of evidence" and someone's sworn word, then the chances of making a mistake start to elevate unacceptably. For the case that Donut has highlighted - ya can't just say sorry afterwards and believe that makes it all better. Does 99% of correct rulings validate the 1-2% of mistakes?
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Davros was right - just ask JD 
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