There should definitely be death penalty; however it should be only for instances of absolute no doubt
Interestingly, when capital punishment was more accepted, the rules of evidence were more strict. Prosecution required two eyewitnesses and if it could be shown one had lied, the penalty for that infraction also was the death sentence. Additionally, the hands of the two witnesses also were to cast the first stone in the execution of the capital punishment. If it later was discovered they had given false testimony, they also could be charged with murder and false witness, also incurring the death sentence. Consequently, there were far fewer homicide cases brought to trial and the prosecution rate far less than today.