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Count me in the bunch getting "tripped up" by the Horribleness Points. For instance, you assign 50 HPs to send a murderer back on to the streets, but 600 HPs to giving an innocent man the needle. But what if the murderer we wrongly set free kills another 15 innocent people? Then wouldn't that be a far greater mistake?

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Any murderer is statistically unlikely to kill other innocent people; the crime has among the lowest recidivism rates. If you think differently, you've been watching too many movies and TV. Someone convicted of DUI and released is more likely to kill an innocent person in the future than a murderer.

No one who commits capital murder would be released to the street unless a jury determined that there was not enough evidence to believe they committed the crime. Once convicted of capital murder, the only available sentences are death and life without parole. So the only opportunities to commit future murders for that person would be in prison.