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Oddly, death penalty opponents believe that the burden of proof is on those who say the death penalty is a deterrent. Clearly it is not. The weight of the evidence, within reason, history, common sense and the social sciences is that the potential for negative consequences restricts the behavior of some.
Death penalty is a human rights violation. With the death penalty, you are deliberately deciding punishment by death for a criminal. This is the same concept as eye for an eye and tooth for a tooth.