Article: A Hypnotized Witness

The Supreme Court has published hundreds of thousands of words over the past 20 years trying to explain itself on the subject of capital punishment. But for the basic philosophy of the entire death penalty enterprise, it's hard to beat Justice Potter Stewart's 1976 statement: "The penalty of death is qualitatively different from a sentence of imprisonment, however long. Because of this qualitative difference, there is a corresponding difference in the need for reliability."

Courts and politicians and ordinary citizens often disagree as to just how reliable the death penalty should be. But most people would probably have qualms about sending a man away for life -- let alone sending him to ...

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