Modernist prisons are generally so expensive it is actually correct to do the progressive thing and allow the criminal to be free.
The correct judgment on any particular case takes the whole of society into account, and balances these: The benefits the defendent will be unable to provide while in prison, plus the costs of imprisonment, The costs the defendent will be prevented from imposing while in prison.
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Notice I did not mention actual guilt in a particular case. In most cases, costs imposed will be less than the cost of imprisoning them. (This goes double if innocents are armed and allowed to defend themselves.)
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Not to mention, the deterrent factor of alternatives, such as public flogging, are nonzero, unlike the net deterrent factor of prison (for most criminals).
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For the purposes of an imprisonment decision, guilt in a particular case is only there to establish a probable pattern of criminal behaviour, which by the time a modernist criminal faces trial will already be established by their rap sheet.
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