I think in the United States where we have organic solidarity in the sense we are very complex and heterogeneous, individuals' moral preferences should not play any major role in determining criminal punishment. It is, in my opinion, unfair to allow for one person's moral views impact the punishment when myself or another may have a completely different moral viewpoint on the issue.
I agree, the United States as a whole may be considered "organic" by Durkheim's conception of solidarity. However, within the United States, there are countless communities of "mechanical solidarity," such as small towns, local governments, schools, etc.. Regarding criminal justice or (perhaps more fitting) criminal injustice, there are federal standards which apply to the entire nation, which for some smaller communities may be too forgiving or too restricting (in this sense, federal laws may protect people from possibly harsher local laws). I understand your concern around the few creating policy for the many (and I completely agree!), but state and local governments (which are more "mechanical") possess power in creating local policies and in implementing policies.