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Originally Posted by Dr.Zoidberg
The intention of a punishment should be the protection of the population.....
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I don't quite agree with this. That is to say, one component of punishment is the protection of the population, but that is not the only component.
For instance, the population would be equally well-protected if a murderer were to be exiled to a tropical island furnished with an XBOX 360, a 9 hole golf course and a lifetime supply of porn. Few, however, would argue that this is justice.
The punishment is a....ummm.....a meta-statement on the culture's view of the laws it purports to uphold. That is, the punishment is how we say "we expect our fellow citizens to uphold the law, and we really mean business."*
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...A lifelong imprisonment would serve the same purpose.
So why the death penalty?
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because we expect our fellow citizens to uphold the law, and we really mean business.
addendum....
people routinely say that the death penalty is not a deterrent, but how can you measure anything related to crimes not committed? that is, how do you ascertain the motivations and deterrence thereto of criminals who never committed a crime?
also....I realize that murders and such may be more prevalent where the capital punishment exists, but then again prohibitions against goat-fucking are most common in societies with lots of goat-herders and practically non-existent in goatless societies. That is.....the laws and punishments are often a reflection of the society, and not the other way around.