Capital punishment - Doctrine of Torture and Kill

What justice is it that one murderer is allowed to 'live' and another is condemned to 'die' for the same crime by the same law that strives to be just at all costs? There can never be 'justness in justice' crippled by 'subjectivity of objectivity' and only the abolition of capital punishment would bring in 'objectivity to subjectivity' in administering the criminal justice.