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I don’t believe pointing out a case where certainty is ensured missed the point; rather, it argues the point. He’s giving an example where execution would be okay due to their being absolute certainty, not arguing that it should be the same outcome where there isn’t absolute certainty.
But this is a case of all or nothing. You either say the death penalty IS acceptable or it ISN'T. There is no in between. So highlighting a case with certainty doesn't address the issue of cases with less certainty.
That is a false dichotomy. If you accept the idea of the existence of cases with certainty there is the possibility of the restriction of the use of the death penalty to those cases.
It's not a false dichotomy because it IS a dichotomy. It's a binary decision. You either legalise capital punishment and accept the risk of executing someone innocent or you don't legalise it. That is the choice.
That is not the false dichotomy you proposed, you just moved the goal posts to make it an actual dichotomy.
I literally just reworded the same point but ok