With the death penalty on the table, why surrender? I think it escalates things.
Plus, if you have ever been to court, or on a Jury, you will know the horseshit that is kept out of the trial; or the horseshit that is injected into a trial. Along with an eye witness is often 'schooled' to pick out a suspect. That second guess would set in.
The problem lies within locking every tom, dick and harry up; from pot to shooting coke or drinking. IF they did not lock everyone up for everything, there would be plenty of room and money to lock someone up for life, or at least 40 years of it. I mean 40 years is a long time and I am pretty sure that most who do 40 years, are pretty harmless or at least have a different view on things. I mean the diet alone would give you cancer, not to mention the fact you lose any and all rights after having that kind of stint on your record. Sure special circumstances like a self destructive mass murder needs to be locked up forever or at least until he or she starts saying "Who am I? Where am I?"