Kabaka

we know for sure they did it

This is more difficult than it sounds. I’ll admit it’s much better than a few decades ago, but still… What if we’re wrong and we execute an innocent person? It’s not like this is unheard of, and the whole problem is fully avoidable by simply not killing people.

All other considerations aside, it’s just not worth it for such a permanent outcome.

https://wikipedia.org/wiki/Wrongful_execution

It doesn’t matter. Wiretap laws, including federal and many state laws, don’t care if the recording is saved or even if an audio recording is created in the first place. Under the Federal Wiretap Act (18 U.S.C. § 2510(4)), an “interception” is defined as the “aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device.” Many state laws make it illegal the moment the audio is saved into an ephemeral buffer, which Apple does.