“The stark truth, of course, is that they have not abolished the death penalty at all. They have merely transferred it from the guilty to the innocent - and incidentally ensured that many more violent deaths occur.”

Sefer Hamitzvot [Book of the Commandments], commentary on Negative Commandment 290, as translated by Charles B. Chavel (1967); also in Defending the Human Spirit : Jewish Law's Vision for a Moral Society (2006) by Warren Goldstein, p. 269

"Reflections on Gandhi" (1949)
Context: Saints should always be judged guilty until they are proved innocent, but the tests that have to be applied to them are not, of course, the same in all cases. In Gandhi's case the questions one feels inclined to ask are: to what extent was Gandhi moved by vanity — by the consciousness of himself as a humble, naked old man, sitting on a praying mat and shaking empires by sheer spiritual power — and to what extent did he compromise his own principles by entering politics, which of their nature are inseparable from coercion and fraud? To give a definite answer one would have to study Gandhi's acts and writings in immense detail, for his whole life was a sort of pilgrimage in which every act was significant.

Interview with the Concord Monitor Editorial Board, (August 18, 2011)
2011

Si l'on veut abolir la peine de mort en ce cas, que MM. les assassins commencent: qu'ils ne tuent pas, on ne les tuera pas.
http://books.google.com/books?id=5RAoAQAAIAAJ&q=%22Si+l'on+veut+abolir+la+peine+de+mort+en+ce+cas+que%22+%22MM+les+assassins+commencent+qu'ils+ne+tuent+pas+on+ne+les+tuera+pas%22&pg=PA304#v=onepage
Les Guêpes, January 1849, vi.

I Ain't Got Time To Bleed (1999)
Context: How come life in prison doesn't mean life? Until it does, we're not ready to do away with the death penalty. Stop thinking in terms of "punishment" for a minute and think in terms of safeguarding innocent people from incorrigible murderers. Americans have a right to go about their lives without worrying about these people being back out on the street. So until we can make sure they're off the street permanently, we have to grit our teeth and put up with the death penalty. So we need to work toward making a life sentence meaningful again. If life meant life, I could, if you'll excuse the pun, live without the death penalty.
We don't have it here in Minnesota, thank God, and I won't advocate to get it. But I will advocate to make life in prison mean life. I don't think I would want the responsibility for enforcing the death penalties. There's always the inevitable question of whether someone you gave the order to execute might truly have been innocent.

Source: Don't Start the Revolution Without Me! (2008), Ch. 10 (p. 187)
Context: Given how many convicts awaiting capital punishment have been cleared because of DNA evidence, I no longer support the death penalty. Minnesota doesn't have this on the books, so I'm thankful that, as governor, I never had to face the decision of whether to execute someone on death row. Again, I simply don't believe that government has the inherent right to make those kinds of choices.

Source: Letters to a Young Conservative

These words, which have been widely attributed to Scalia, do not appear in any of his writings or statements. http://www.snopes.com/scalia-death-penalty-quote He nonetheless remarked in Herrera v. Collins (1993, concurring) that state courts had no obligation to review a death sentence on factual innocence grounds, an opinion that he repeated in In re Davis (2009, dissenting).
Misattributed

348/A:2
Sermons