We have every right to kill our enemies. When we kill our enemies on the field of battle, it is both out of immediate and future self preservation. We kill because our enemy poses a threat to us, now and or later. But once we have captured them and have effectively declawed them, can we still claim a threat necessitating extermination? Sure we still have the right to kill our captured enemy, but it is not quite the same. A captured enemy is no longer an imminent threat, or even a likely potential threat. So to kill the captured foe requires a justification of more than just because he is an enemy. We can kill him because he has committed egregious acts. But what if he hasn't yet. Should we enact punishment for what could have been? Or is it for retribution and vengeance we should kill him?
I am a supporter of the death penalty in general, but I do not believe Moussaoui should get it. While he may have plotted and planned mass homicide, he actually did not do it. To put him to death would be in essence punish him for what the terrorists, but not he, did on 911.
We should reserve the death penalties for people who have actually committed a heinous acts.