Delma Banks Jr. was charged with murder; his lawyer failed to vigorously cross-examine an informant testifying against Banks or to investigate the case. Consequently, Banks may not have received a fair trial because of poor representation. If so, a retentionist would argue that the injustice in the conduct of the trial would

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A retentionist, who supports the use of capital punishment, would likely argue that the fairness of the trial process is separate from the justice of capital punishment itself. They would maintain that the concept and application of capital punishment can still be just, even if there are flaws in the judicial process leading to such a sentence.