Ideally, I think all crimes should be done on a case-by-case basis. Rehabilitating any convicted felons wherever possible. However, in some extremely rare cases, I might go as far as saying that execution is the most moral. Because I'm a Utilitarian. But only if we can (not sure how) determine that someone has an incredibly small chance of being rehabilitated.
But as a matter of principle, the death penalty should still be illegal. Because we don't have the means to pursue the idealistic possibility that I laid out above. The same thing goes for torture. I think it's incredibly easy to imagine a case in which it would be immoral not to torture someone. But without rigorous 'checks and balances' in place, along with a potential disturbing and arbitrary level of 'When we decide to use torture', I think it forces our hand. It should also remain illegal.
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