The most amazing thing is not that bourgeoisie does it, as you correctly pointed out, but that most people still buy bourgeois crap as legitimate.
As to the supposed draconian treatment of criminals by the state - i fail to see how opposing, say, the death sentence for that Texas man King, or for the Delaware ex chief prosecutor (forgot his name) who killed his girlfriend and put a contract on witnesses against him, can advance the interests of the working class in this country. I can see that that the sacrificial ritual of executing these men will not help the working class either - but why should the Left spend any energies to save that scum from the gallows?
PS. Probably the only logically consistent argument against death penalty is that proposed by the Roman Catholic Church on the principle that all human life is sacred (god-given, etc.). I do not buy that principle, however, I do not think that human life is any more sacred than, say, the life of animals we eat. Hence I have no fundamental problems with abortion, euthanasia, or death penalty any more than with slaughtering farm animals or terminating stray pets. They are reprehensible on emotional grounds, but they all represent forms of killing socially constructed as legitimate.