The interesting thing about the DP is that there are no consistent guidelines. Up here in liberal land, it's nearly impossible to receive the death penalty. If a perp does get it, he's got a very long road before it is carried out. I'd venture to guess that the NY application of the DP would meet the requirements of almost all of us, with the exception of those who are opposed to the DP as a matter of principle. I don't believe that you can get the DP in NY unless you kill a police officer or a prision guard.

Now, the opposite end of the spectrum is Texas, of course. I have the suspicion that the rather cavalier application of the DP down there will (has??) result(ed) in a miscarriage of justice where an innocent man (woman) is put to death.

I look at the DP in a different way. While it is terrific to assign death to some of these extreme murderers, the cost to actually get there is extremely large. I don't have the data in hand, but, I recall reading that to put a man to death requires about three times the money that it would otherwise cost to leave in in jail for the rest of his life. Just on this economic basis, alone, I believe the DP should be off the table for all but the most heinous of crimes.