I never said we know in every instance. And the death penalty isn't applied in every instance either. > What about a situation where someone kills their wife

I never said we know in every instance. And the death penalty isn't applied in every instance either. > What about a situation where someone kills their wife after work one day? > Obviously you will look at the evidence and see if there was clear evidence of planning or not Right, and in this court can choose not to execute him based on this uncertainty.