Modernist prisons are generally so expensive it is actually correct to do the progressive thing and allow the criminal to be free.
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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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