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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 appeals (which includes an appeal from the death judgment and other post-conviction review, including state and federal habeas corpus proceedings) comprise a lengthy and complicated process that can take 10-20 years, or more, during which the defendant's innocence or guilt is rarely the focus.