We have all done something wrong, from stealing cookies from grandma's cookie jar or driving 65 in a 55. When we decided to do that bad thing, we didn't decide whether or not to do it based on the penalty for the act. We based our decision on the likely hood of getting caught. So the threat of the Death Penalty will not deter people who are inclined to kill, if they are convinced they can get away with it. That is all that matters. Just like you will not go 10 miles over the limit if you see a traffic cop in your mirror.
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True but there is a vast difference between stealing cookies from the cookie jar or speeding, and being found guilty of a crime that can warrant the death penalty.