(Criminal lawyer talking.) I believe incarceration is the current “thing” much like death or corporal penalty was before. There’s basically not a better idea except for a number of probationary measures for lesser crimes that nobody believes to merit a long time behind the bars.
The problem with incarceration is, in my view, primarily the subculture that’s there. People are sentenced to one year of imprisonment (for example) but not to one year of being beat up or even raped daily by a couple of stronger inmates, before we even begin to list all the forms of psychic abuse. That needs to be taken into consideration and governments can’t pretend they aren’t responsible for it, just because it’s the inmates acting on their own and not on government instigation.
Secondly, as the previous poster pointed out, why not focus on repaying the victim instead? I remember a case where the company that was the victim of theft so badly didn’t want the thief to go to jail… because he wouldn’t be able to work and pay back. Sometimes it also makes little sense to prosecute people for criminal violations and more to sit them at the mediation table and get them to solve their mutual problems.
Thirdly, going to jail messes up your life so hard it’s really hard to come back to an honest life. Find employment if you have a nasty file. Get any credibility if you’re a “convicted felon” (which in some jurisdictions lasts forever even if the record is expunged) and especially known to have been in jail. This is a kind of punishment not included in the tariff and in the sentencing process but possibly much worse, much harder to the inmate than the short prison sentence itself (unless he gets raped and beaten by his inmates).
Then, prisons are a breeding ground for serious criminals. Ties are formed there. Comraderie is formed for ever after (a bit like on military campaigns). Experience is exchanged. People get demoralised. Their brains don’t necessarily get better, either, for being locked up in a cramped space and being bored (which is why it’s a great thing if work is available for serving inmates).
Also—costs. Real estate costs, security, staff, feeding, laundry, everything costs. Making sure dude is working and paying the damages probably costs less.
On the other hand, IMHO rapists and habitually violent people need to be stopped as a primary concern. The safety of potential victims is a more important concern to me than the well-being of those folks.
