I share your gut-level instinct that those who would impose such a vicious violation as rape on another generally deserve the ultimate penalty, but we should worry that expanding the number of death-penalty offenses will lead to more rapists simply killing their victims. I don’t know what the deterrent effect of the harsher penalty would be compared to that penalty’s aggravating effect — eliminating the witness to your death-penalty crime — but it’s something we need to know more about before we endorse these sorts of things.

The death penalty should be expanded to a much higher percentage of homicides and rapes, maybe 75%, with mercy being allowed in more unusual cases where youth and other factors call for mitigation.

Incapacitation of the dangerous should be the number one priority of our system, then justice, then rehabilitation, and if we need to put twice as many people in prison to incapacitate the dangerous, so be it. I believe there is a spillover effect from harsh drug laws that target gun-toting dealers and crack possession that is reducing violence and explains the recent drop in violent crime.

The mandatory minimums are catching the scum bags in a comparatively large net. Sure some harmless mules are caught up, but no one makes anyone break the law. It’s more an issue of inefficiency that injustice.

Of course, for people whose lives are on the line, they do exercise prejudice based on clothing. That’s why cab drivers are so often accused of racism. The reality is that they are much likelier to pick up a clean cut black guy in a suit than a white guy dressed like a gang-banger.

This report about Eve Carson’s killers, who were both on parole, makes me think we need a lot more prisons.