A dead or incarcerated criminal can and has done it as well.
Only after he turns into a zombies. You are most likely referring to this possibility, I reckon.
And sure, there are a lot of studies to back anything you want in sociology and other human "sciences". That is why they say very little to corroborate or refute anything. Locating and identifying those few that produce any useful data, and understanding what conclusions can and cannot be taken from this data is generally a very hard job and requires something that most people lack: common sense.
That said I do not depend on these studies for my arguments. A bit of logic and common sense is usually enough to show how absurd is your set of beliefs.
The ideological difference is on the retribution/rehabilitation axis.
That dispute happens only in your head, my friend. I couldn't care less about retribution, but rehabilitation and nice prisons are not a good way to exert deterrence.
you cannot execute or give life imprisonment to those who have committed less than the most serious offence.
No, you can't and that is where the deterrence (as in the correct use for the word) comes in. That said, for minor crimes even rehabilitation has a role, I admit, although it is less important by far than deterrence.
To the systems programmer, users and applications serve only to provide a test load.