Should legal judgments be based literally on 'an eye for an eye, a tooth for a tooth'?

No, the law makers then become law breakers it becomes an unequal system. We would have a stock of 'law enforcers' who would the rapist, stab, shoot or beat people with 'impunity'. It will then be a lawless system of two halves. Not to mention the 'eye for an eye' justice imposed upon those wrongly convicted of , murder, death by dangerous driving etc...