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There are many instances where the current loophole system fails and justice is miscarried. There are many instances when the justice system is muzzled simply because of previous precedent or because of some obscure technicality.
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You can't legalize vigilantism unless you're targeting a specific group ala the Philliphines drug crackdown. Otherwise injustices could possibly be committed because someone who the community would agree didn't deserve to die could die, the most ethical death penalty-if there is one at all-is where the public votes on who should and shouldn't die. Which I can say would basically be the public hangings that America had in the 1700s and 1800s, the whole town or what not would basically collectively execute someone.