Some states mandate an automatic death penalty for murdering a law enforcement officer. How can this possibly be just when it elevates the victim above that of common civilians? I agree with the Aristotelian conception of justice as only partially overlapping that of morality but consistency is crucial to rationality in both judgment and conduct. Actions ought to be judged similarly unless there are morally relevant dissimilarities between them so a law-abiding or even a vindictive police officer, already armed and aware of the risks of his profession, is the same as any other civilian, both legally and morally. Common law jurisdictions work on the basis that all citizens are equal in intrinsic worth--wouldn't the imperative be to either entirely repeal the death penalty for murder or use it in every single instance?

I'm going to largely duck your last question: I doubt even the most enthusiastic proponents of the death penalty believe it should be imposed for every murder. Most jurisdictions distinguish between first-degree murder, second-degree, etc., precisely because not all murders are morally serious enough to merit the death penalty (which it is not to say that any murder merits the death penalty). But on to your main question: Should the death penalty be automatic for murdering a law enforcement officer but not automatic for murdering anyone else? I can think of three possible rationales for an affirmative answer. I'm not sure I find any of them convincing, but I'll leave that to your judgment. The first is that killing law enforcement is morally worse than killing someone else and so automatically deserves a harsh punishment. Your position seems to be that this is not so: That in order for killing law enforcement to be morally worse than killing someone else, there must be something about the...