Well, since the answer won't matter anyway, you just want folks to feel wrong, I'm gonna just throw my 2cents on in.
If you live in a place that has capital punishment, and are willing to use that against a fellow human, you are attempting murder by doing so. If you also were to do this I'm a place where there is a higher rate of incarceration already, proven false imprisonment and executions (see the innocence project for examples), brings further merit to, you were REALLY TRYING to kill this person. So, yes, if you are OK with doing that, knowing you're lying so bad your pants are on fire, you should be willing to put yourself in their place. They would not be there if not for you and your shit faced attitude.
I feel I need to share how this appeared in my feed.