It's the logical upshot of Capital punishment, once you allow for appeal as you have to, you inevitably get these tortuous situations.
There are lots of ways to measure a society, but one good one is the way it treats those who commit crimes. This particular form of human sacrifice at the high alter of justice coupled with the f**king ridiculous 'three strikes' policy the US adopted measure those within the society who support it, and also those that stand by and let it happen.
