But worse was Scalia's concurrence. He said,
The American people have determined that the good to be derived from capital punishment — in deterrence, and perhaps most of all in the meting out of condign justice for horrible crimes — outweighs the risk of error.
Um. No. This shouldn't be a risk-balancing test. You have a constitutional right not to be executed for a crime you didn't commit. The American people do not have a similar constitutional right to subject you to that risk for the purpose of retribution ("meting out of condign justice") or deterrence.