So if the Smoke Monster's job is to judge, perhaps we should consider others who have lived or died because of it:Ecko - what did he deserve to be judged with death?
Widmore's mercenaries - they killed Ben's daughter, so that judgment was understandable
The pilot in season 1 - not enough info
Locke - survived, obviously because he serves a greater purpose
Ben - survives - who knows why
Any others?
Half man, half amazing, all DAW