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There is not the balance he presumes.
Studies finding for deterrence state such, studies not finding for deterrence don't say that no one is deterrered, but that their study didn't measure any of those deterred, if they were.
Studies finding for deterrence means that having the death penalty and/or executing murderers spares more innocent people, by preventing some potential murderers from murdering.
Studies not finding for deterrence, don't say that no one was deterred, but that their study couldn't find for deterrence, if it exists.
The choice becomes saving innocent life or, possibly not saving innocent life.
The choice is simple. The weight, if unsure, must go to saving innocent life.
Again, not a close call.
Furthermore, since 2001, there are 16 US studies, inclusive of there defenses, finding for death penalty deterrenc