Originally Posted by
KerrAvon
What obvious circumstances, gm? The test that a jury has to apply is if they are 'satisfied so as to be sure' of guilt (whatever the now departed LudlowMiller might think. That's the same test irrespective of the case or the evidence, but mistakes still get made.
If you were to ask a criminal lawyer with any level of experience (if you can find one - I don't know how you could do that), they might warn you that this is just the sort of case where the death penalty would be risky. The revulsion and horror that a jury would feel when dealing with a case of this nature can cloud judgements.