I see both sides of the arguments from Red Sword,Plawolf and Maggern, and I appreciate and agree from both sides of the post. Topics like these can go on forever, so I'd only say, that those who created the law aren't no real philosophers, and laws can never truly dictate the gravity of an action, for law is man-made, but the rules of the universe aren't. There are also enough flaws in the systems of our societies as it is, if we examine from philosophical, criminological, and sociological perspective to start off the bat. My high school teacher once said, "Why do we punish criminals by locking them up in an institution with each other? What kind of punishment is that?" (this validates Maggern's argument)
However simultaneously even as a psychology major that I am, while although I believe man is born a blank slate, I hold great reserve that once they've adopted their values, they can be completely rehabilitated or "taught" to change and thus changes the game. I believe there are some who can be changed and given a second chance, and these are the ones who merely aren't aware of the wrong ways of their actions. These ones are the ones who are prospective to good change if given proper help.
On the other hand, there are some who are born insensitive/immune to whichever ideas you bring forth, because either it's been drilled into their minds for too long, or that they are unable to perceive these senses. (Some Anti-Social Disorder patients, aka the commonly-called psychopaths), are some examples.
(for some reason I'm reminded of those classic cases of China bashers LOL) These ones are much harder to work with because psychologically speaking, they are equivalent of a blind person. Even if you give them a pair of functional eyeballs donated by a deceased person, this newly visually-capable person will still be unable to comprehend certain features and patterns, such as facial recognition and etc(probably permanently, as they didn't develop this ability in their early years). Same goes to a child who didn't learn to socialize or speak prior to age 11. Past that age and they can never truly adapt the full functionality of language as flexible as we do. In fact, they can't even get anymore advanced than 3 year old when it comes to using languages and sentence structure. For that reason, my argument is within my analogy that some of these offenders might be unable to perceive their actions as wrong because they lack that complete stem of moral fiber. (think about it, sometimes it's even frightening enough how bias can lead the western media to skew their reporting of tibet and uiyghur incident, although again that can emerge as conformity to authority argument..)
Going further ahead, if you combine various factors together, we even get many arguing their case on the behalf of "insanity", although it clearly is an excuse for lighter sentence. As these cards maybe skillfully played, the loopholes in the system, criminology, and the complexity of psychology makes a society too ideal towards hardened individuals a rather ineffective and inappropriate system to use.