Seeing as ethics is something created by humans and subject to change, just as morals, of course it can be the case. However, as of right now in our western society, no it can not. Even if we imagine that we develop mind control and only present it as an alternative to the death penalty, it is still unethical (as with the death penalty). Justice isn't about ethics or morals and in either case you are removing agency and free will from a human being, no matter how horrible a person they might be.
Regardless I think that it is still a preferable outcome to death and I personally think ethics can go fuck itself.
Regardless I think that it is still a preferable outcome to death and I personally think ethics can go fuck itself.