I still believe that, at the end of the day, there are certain things that human beings don't do...human beings do not needlessly kill a person in cold blood...and quite frankly, when you do that, you no longer have the right to be considered a human being.
I consider the
death penalty an alternative to putting people in prison who will, quite frankly, never be rehabilitated...however, obviously the criminal system isn't perfect, so I think there would need to be certain standards set to make sure that no mistakes were made...my usual theory is that, if the jury return a unanimous verdict, then it can be considered proven beyond any doubt that the person has commited these crimes, and the
death penalty may be issued (obviously, I'm talking in cases like murder and so on, not everyday crimes

)
I think it would really need to be up to the judge's discretion whether he thought the person was capable of rehabilitation...perhaps a specialist physcologist could even be consulted on the matter (heck, their fee would be a damn sight cheaper than paying to support the guy in prison for life).
However, look at it this way...if the
death penalty was enforced, do you not think it would act as a very firm deterant?
On the whole though, I'm all for vigillantes going down into subways and killing muggers ala
death Wish, but oh well