There is no defending it, IMO. It is childishly simplistic.
One day, I will concoct a morally repugnant method of imprisonment that is so worse than death that even the heroes of DC will be appauled by what is being done.
The person doing it will repond with a "What, it's not like I killed 'em or something."
Unfortunatlly, the nonlethal methods being employed and whitewashed are getting more and more morally repugnant every day.