That is what I mean by artificial expense. Bin Laden and Hussein's executions were not encumbered by such safeguarda, for instance. A Gacy or Dahmer probably don't need convoluted excersises in jurisprudence. There is a certain tier of guilt where you no longer need the tap dance of "just double checking" for 25 years. Determining just where that line is, compared to "beyond reasonable doubt" is the trouble area.
It is not just legalese gobbledygook that separates one case from another. If you decide the state has the power to kill in very limited circumstances then it is incumbent on the state to only use that power where it can prove that it has met those circumstances and the defendant must be given every reasonable opportunity to show that the state has not met that burden.
If the rules are written such that only Gacy would fall under them, then what’s the point. He’s already dead. The rules will by necessity be broader than that. So, how broad? And what falls within that now broadened definition and what exceptions would that broadened definition require.
The only way to avoid this quagmire is to not give the state the power of execution.
Until someone explains to me why we need to execute I don’t see how it can be a net benefit.