"A society should be slightly more civilized than its sociopaths."
Justice is absolutely necessary for civilization.
It is. Society applies the death penalty after due process. Dookie applied his own death penalty on a whim. "Murder" requires malice aforethought. There is no malice in the state's death penalty. There is simply the dispassionate execution (!) of justice.
Nice attempt to turn this into a moral equivalency, but no sale.