Both. Incarcerating some for minor infractions (only hardens them) when we should be educating/rehabilitating (recitivism). Many mentally impaired with no where else to go.
Also, for hard core premeditated murderers (many ways to "murder" someone), we need to adopt the Chinese policy: "you got 30 days to live, where do you want us to dump your body?"
We need a maximum stay duration on death row. I think the average is 17 years now?
And I consider myself an Independent Centrist.