Quote Originally Posted by eyeofthetiger View Post
I agree to this to a certain extent. Killing is wrong, there's no way around it. But when you have someone (say like a death eater) who goes around and tortures and/or kills (most of the time both) women, children, men who can not defend themselves, do you think they honestly need to get a nice treatment? Do you have any sympathy for them it all? It isn't like they don't know what they are doing and it's not like they don't understand that it's wrong. And despite the fact that killing is wrong, people like that have got to go. You can't just go around torturing/killing people. The whole reason that there is law is to keep the public safe.
It's not so much whether they Deserve to be executed or not, as much as the fact that one of the ways that magic works is that if you kill someone you get your own soul torn. This is not a good thing and is quite bad for the person doing the killing.

So if it is common knowledge that killing someone tears the murderer/executioner/whatever's soul, then it seems unlikely that any country would utilize capital punishment because the cost to the executioner would be too high. Who would agree to be an executioner if they knew their own soul was going to be torn?

Back to the question at hand.

Sirius was convicted of murder not of attempting the Avada Kedavara curse but failing. It is possible that attempted murder, even by use of an Unforgivable, does not carry as stiff a punishment as actually killing someone - regardless of method.