Did Gollum deserve death?

[alatar]

Originally Posted by Boromir88

Saruman and Grima could have been killed by Theoden and co...I doubt anyone would see that as wrong and complain. But the important point is they didn't, they had the pity to spare Grima and Saruman (and offer them salvation at several times throughout the story).

This whole 'sparing people from the death penalty' seems to occur quite a lot throughout the story. So, I'm taking it as there is an important moral lesson Tolkien is writing about in his story...and that is of Mercy and Pity. While the 'law' says for murder your punishment is death; is that the 'right' thing to do? Need I remind everyone of Gandalf's words to Frodo that have been quoted more times than I can recall? But instead of quoting Gandalf, I'm going to use another one that no one sees a lot:

Saruman, even after trying to murder Frodo in the Shire, is spared - incredibly, he was given no penalty for attempted murder! Frodo, now wiser, knows that letting Saruman go free was more of a punishment than slaying him (for what reason, I'm not exactly sure). Grima, however, is quickly slain after he commits murder, and is most like shot in the back as he ran. I know Frodo would have prevented this as well, but...

Thoughts?

EDIT

Originally Posted by Mithalwen

On the whole I think it likely that Gollum was responsible for many horrors but I merely wished ot point out information presentedin such a way presented cannot be taken as absolute proof - any more (to give a Middle Earth example ) than the Rohirric and Gondorian stories of the Lady of the Golden wood could be taken as the truth about Galadriel.

Note that, in regards to the Witch of the Golden Wood, we as the reader know different, and Eomer in the end learns the truth of the matter. This is not the case with Gollum's crib 'cribbing.'