"Given the freedom to choose, standing face to face with the rapist in a court room, and having it explained to you exactly what he did, I wonder how many people would actually NOT consider death, if it were their mother who had been raped?"
Not everyone would. We'll assume, for the sake of Elephant's point, that the majority of people would.
What then? What is the purpose of capital punishment? Advocates often claim it is a more effective deterrent; indeed, Elephant claimed that herself on page 1 (I have MN set to 25 posts a page).
Let's have a proper think about that and the logical consequences of it. Step by step.
So, it is believed that capital punishment is a more effective deterrent than prison (stats on this are highly debatable), because? Because people restrain themselves if they know the penalty for murder and rape is death, but say, "meh, it's worth it" if they know the penalty is prison? Okay, let's accept that as true.
In that case, what do you think such clear-minded, rational thinking criminals are going to do if we institute a system where the victim's family decides the penalty? If they are clear-headed enough to only murder people in countries without the death penalty, they I'd think they'd start to select victims carefully, that's what. Victims without families/loving families. Victims with families whose religious beliefs forbade the death penalty. Congratulations- you've just officially created a justice system and society where some people's lives really are worth more than others.
It's bad enough as it is, thanks.