So, apparently the defense attorney in the Elizabeth Smart kidnapping case has urged the jury to give a light sentence to his client because it "could encourage other kidnappers to keep their captives alive."

Correct me if I'm wrong, but doesn't the fact that he was caught because he kept his victim alive kind of discourage kidnappers from sparing their victim's lives? Furthermore, once you kill your kidnap victim, doesn't it change from kidnapping to umm.... murder?