In terms of my consequentialist point of view, the legislation system should have provided the incentive which prevents individuals to commit a crime serious act. If there is a criminal act, there is often a derivative branch of the mischief of a criminal act. There is a raison d'etre of a criminal act. In order to decline the number and the quality of criminal acts, the priority is to tackle on the "cause" of crime.
We certainly need a negative sanction (i.e. punishment!!) which is measured owing to the equivalent pain to the pain a victim suffers from. "Mouth to mouth and teath to teach" method sounds uncivil but is certainly necessary and works for preventing some criminal acts. Some severe crimes tend not to decrease by this method according to the statitstics. But the system still need to remain this method in order to equate the pleasure and the pain of both sides. In order to decrease these severe crimes, which are not significantly correlated with the level of punishment, we need to tackle on the "derivative branch" of the mischief of these acts!
Some criminal acts need to be legal or decriminalised such as usage of some recreational drungs (in philosophy of law, it's called some categories of self-intoxication), ganbling, doing and buying prostitution because these acts bring pleasure and are possible to prevent the pain derived from these act by installing a proper legislation. Or, we need to provide individuals the "substitutions" of these goods and services like what Islamic society does.
The severe criminal acts such as murdering, hatred, conspiracy, and organised crime, need a severe punishment by either a public institution or individuals themselves. But, in order to reduce the cost and the derivative branch of the hatred, we need to tackle on the derivative branch of the mischief of the criminal acts...!
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