There is one wrinkle in all of this, and it has to do with deterring the particular convict himself from future wrongdoing. It is sometimes right to over-punish a perpetrator for the sake of convincing him to not be a recidivist. This is the source of civil law's punitive damage awards. But at least for this discussion such considerations are obviously irrelevant. The executed murderer is very unlikely to need deterring from future murders.  

Thus, when considering two or more punishments which differ primarily in degree of severity, deterrence is always at best a side issue. If the alternatives are both retributively just, then deterrence can certainly break ties. But if the difference is so clearly about severity, as is the case with execution versus LIPWPP, deterrence cannot be a consideration.

When the just punishment deters, that is nice. But if not, that's too bad. Even if an unjust punishment would deter better, a moral society may not objectify even its criminals in such a way. This is why I say that emphasizing deterrence is the most significant blunder most advocates of capital punishment make in this discussion.

Symbolism

Symbolism in a criminal justice system is the goal of tangibly embodying the values and ideals of a society.

The law is one of the most powerful teachers any culture has. It has a stigmatizing effect on behavior, and it is the most meaningful indicator a society has of its core principles. Thus, whether we do or do not execute murderers says something about how highly we value life that the mere assertions in the Declaration of Independence and the 5th Amendment never really can. It is our society's pledge of allegiance to the sanctity of life that we will take it from anyone who deliberately takes it from others. In this regard, there is simply no comparison between capital punishment and LIPWPP.

When we execute murderers, we are saying something loud and clear about this most fundamental of rights. If we neglect to do so, we are saying something equally potent. Because all other rights derive from and devolve to the right to life, I am frankly proud to live in a country which still, for the most part, takes a stand on this one point of order. That being said, I freely acknowledge that if the arguments regarding retribution did not justify execution, no amount of symbolic benefit would suffice to do so. Symbolism would become just another way of objectifying people, just as deterrence through over-punishment is.

Summary

Thus, when considering the five purposes of a criminal justice system, incapacitation and rehabilitation wash out, retribution clearly endorses capital punishment, and deterrence and symbolism become purely secondary concerns to retribution. On this analysis alone, I can strongly support capital punishment as an abstract proposition. But aren't there practical concerns? What about innocent convicts? And doesn't the Bible say things that should concern me? Well, of course. So, we'll talk about those in my next few columns.