Is the Death Penalty a sign of God's Love?

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The following quote presents an unique perspective on the death penalty as a sign of God's love, not a denial of mercy. I post it as a point of discussion to garner opinion on the perspective as a case for the death penalty as not only justice, but mercy as well. Please keep in mind the context of this commentary is on biblical law, but in response to someone questioning the validity of the death penalty of someone who has committed a capital offense.

“To deny the death penalty is to insist on life for the evil; it means that evil men are given the right to kill, kidnap, rape, and violate law and order, and their life is guaranteed against death in the process. The murderer is given the right to kill without losing his life, and the victim and potential victims are denied their right to live. Men may speak ofunconditional love, and unconditional mercy, but every act of love and mercy is conditional, because, in granting it to one man, I am affirming the conditions of his life and denying others in the process. If I am loving and merciful to a murderer, I am unloving and merciless to his present and future victims. Moreover, I am then in open contempt of God and His law, which requires no mercy to a man guilty of death.” (Rushdoony, Institutes of Biblical Law, p. 78.)"