Under this rationale you can eliminate jailing. You might as well not have a legal system.
Actually you can still have jails under that rational. Jails would serve the purpose of protecting society from people whose behavior threaten it. Although that rational would eliminate alot of crimes that would normally get one jail time.

you're completely missing the point dude...the point is you wouldn't be arguing against the death penalty if I kidnapped, raped, and dismembered your younger sister and then dumped her body parts on your front lawn...
Ive thought long and hard about that and I think I could.