Avram, so what is your method? Any human system is flawed by definition. the Maharal says that that is the difference between אמת and אמת לאמיתותה. Being that the court (and in criminal law that includes secular courts a.k.a. משפט המלך) has permission to rule its decisions are אמת. The latter is what Hashem sees. However, it is necessary to have some system (see Ran, Derash 11). It should, of course, be tweaked as much as possible but there must be a system. Would you also oppose the death penalty for obviously guilty criminals like the Pittsburgh shooter, Son of Sam, Mob hitmen, etc.?
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