The fact of the matter is any assessment of what a government’s justice system is
capable of doing is a Prudential Judgment, not an infallible teaching on Faith and Morals. It is an assessment grounded in the understanding of bureaucracy, criminology, economics, and political science - not Theology and Morality. As it was already illustrated in the first page of this thread, the use of prisons in modern nations has actually
failed to provide safety from incarcerated capital offenders - merely transferred the burden of victimization to an underclass of prisoners, guards, and the like. This is a hard reality many have not come to grips with.
It may not, in fact, be that incarceration is a
viable alternative to execution. But rather than turning to execution as the only solution, we might consider lesser punishments visited on the body. If a man uses his hands to murder we should not throw him in jail where he may use his hands to kill other inmates or guards. However, we do not need to take away his life and his opportunity for repentance either. Rather, we should look for an alternative to death than renders him harmless in a way mere incarceration fails to do.
Solitary confinement is largely impractical for extended periods and has proven to be mentally debilitating. While it provides adequate protection against the prisoner attempting more rapes or murders the psychological damage it inflicts is undesirable.
What if we were to remove or paralyze the murder’s hands (perhaps just his thumbs?) and
then incarcerate him? Such a course of action almost completely removes his means to threaten lethal harm to another but does not take his life or his mental faculties. (Seriously, reflect for a moment on how important the use of your thumbs really is when it comes to complex actions like tying a knot, let alone using a tool, wielding a weapon, or performing a lethal unarmed attack). While cutting off hands for thievery or most violent felonies strikes me as barbaric I fail to see how such a punishment would be “cruel and unusual” compared with killing a man, putting him into sanity-destroying solitary confinement, or locking him in a gulag of rape and murder.
Seriously, if you were ever wrongfully convicted of murder which would you rather be condemned to?