I think you misunderstood me. "we shouldn't punish anyone with the death penalty" means we shouldn't kill anyone, it allows for other methods of punishment. Th

I think you misunderstood me. "we shouldn't punish anyone with the death penalty" means we shouldn't kill anyone, it allows for other methods of punishment. The Volokh article allows for multiple levels of punishment as well. The quote from Maimonides doesn't mean we simply let them go free if we aren't absolutely sure that they are guilty, instead we would lock them up.