MissAdventure, I don't agree with the death penalty - simply because it can't be 'undone' if/when there's a miscarriage of justice.
As far as we know, Tony's mother (24) was aware that his father (46) was sometimes too rough with him - yet failed to protect him and saw no other abuse.
She knew that he was ill, yet delayed in seeking medical care. I would guess that she has learning 'differences' as she's shown no remorse and even appealed to get her sentence reduced.
Where was the support in his first few weeks? There was no pre-birth assessment (why?) and a three month delay in referral to social workers. Tony Smith was having treatment for heroin addiction, yet still, there was no risk assessment. Somebody, somewhere, failed to do their job.