Even when NYS had a death penalty fairly recently, it was never used. It's a waste of time, and vast amounts of money because NYS hasn't executed a single soul since 1963. I just want to see one episode of Law & Order where D.A. says "confess, and we'll take the death penalty off the table", and the prisoner just laughs, and shares that seldom mentioned fact with them.
I'm not against the death penalty in certain circumstances, but in NYS, and California, it's a joke. California has over 700 people on death row, and they only execute a few per year, so even with the ultimate penalty imposed, it's still more than likely that they'll die of old age.
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