After summarizing and clarifying the central points from Monday's lecture, I will discuss the problem of error and its relevance to capital punishment, with reference to a number of actual recent cases, many involving DNA testing. I will also devote a large portion of the class to a video of a 20/20 episode about my brother, Michael FitzPatrick, which illustrates how easy it is for grave error to infect the process even where there is an eyewitness who makes an identification with "absolute certainty". (This video cannot be made available outside of class, so please be sure not to be absent today.)