I see it like this: if a person commits a crime, such as robbery, and in doing so, shoots and kills another human being, he/she should be tried with the death penalty in mind. Let's say an eyewitness can positively ID the shooter, the person is apprehended, along with the firearm, and fingerprints found on the weapon match the shooters own prints. Furthermore, they weren't smart enough to wash their hands, after the incident, and there is gunshot residue still on the shooters hand, matching the powder used in the ammunition. The weapon has not been cleaned, and that same residue is present in, and on the firearm.
They are read their rights - properly - and hauled off to jail, awaiting trial.
I do not see anything here that would not, or should not, award that person the death penalty.
Please, your discourse?