The Death Penalty Experiment Has

The Free Exercise Clause At The Very Least Was Designed To Guarantee Freedom Of Conscience By Prohibiting Any Degree Of Compulsion In Matters Of Belief. It Was Offended By A Burden On One's Religion. The Establishment Clause Can Be Understood As Designed In Part To Ensure That The Advancement Of Religion Comes Only From The Voluntary Efforts Of Its Proponents And Not From Support By The State. Religious Groups Are To Prosper Or Perish On The Intrinsic Merit And Attraction Of Their Beliefs And Practices.

The Death Penalty Experiment Has Failed.

Of One Thing, However, I Am Certain. Just As An Execution Without Adequate Safeguards Is Unacceptable, So Too Is An Execution When The Condemned Prisoner Can Prove That He Is Innocent. The Execution Of A Person Who Can Show That He Is Innocent Comes Perilously Close To Simple Murder.

From This Day Forward, I No Longer Shall Tinker With The Machinery Of Death. For More Than 20 Years I Have Endeavored - Indeed, I Have Struggled - Along With A Majority Of This Court, To Develop Procedural And Substantive Rules That Would Lend More Than The Mere Appearance Of Fairness To The Death Penalty Endeavor. Rather Than Continue To Coddle The Court's Delusion That The Desired Level Of Fairness Has Been Achieved And The Need For Regulation Eviscerated, I Feel Morally And Intellectually Obligated To Concede That The Death Penalty Experiment Has Failed.

From This Day Forward, I No Longer Shall Tinker With The Machinery Of Death. ... I Fell Morally And Intellectually Obligated Simply To Concede That The Death Penalty Experiment Has Failed.