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I see your point and partly agree. However, it all depends on the person. There is no one size fits all answer to whether or not humans are naturally good or evil. Some are good, others are evil, but I'd say the vast majority fall somewhere in between. Plus, it all has to do with how you are raised. I was raised with Christian morals and beliefs so even if, hypothetically, they did away with rape being a crime, I still wouldn't rape anyone because I believe it's wrong. However, I can easily imagine that some people, who never raped before, might start raping people. Not to say that you have to be raised as a Christian to believe rape is wrong, or that someone that was would never rape.
Basically, I believe that punishment has to not only fit the crime, but the persons psychology that committed the crime. Punishment has to be levied out on a person by person basis and until we figure out a way to do that, no system of punishment will ever be 100% effective. We would have to figure out a way to completely map someone's psychology to know what punishment would work best with them.... something that is way, way beyond our current level of understanding of the human psychology.