> Nobody should be in prison longer than their rehabilitation takes and the focus of their stay should 100% be rehabilitation.1. "Rehabilitation" -- the actual implementation, not the abstract idea -- is insidious. How can anyone ever know for sure whether someone is truly rehabilitated? Especially given that prisons don't typically attract that best and brightest of the medical profession.
If you've ever talked to someone who spent time in prison, you'll realize that "rehabilitation" in US prisons mostly means "parrot what they tell you to say and don't be stupid enough to seriously engage. Just. Repeat. Your. Lines."
E.g., claiming you have no spiritual belief can result in denied parole [1]. Too often, "rehabilitation" is just short-hand for "brainwashing". In those cases, bodily punishment without the pretense of "rehabilitation" is actually a far kinder and just system.
Far from truly fixing the underlying problem, modern rehabilitation often amounts to an exercise in honing one's inner psychopath: lie without remorse or guilt, and lie well enough that you don't get caught, or be denied parole on the basis of your lack of religious faith.
2. What do we do with people who cannot be rehabilitated, but whose crimes do not justify a lifetime prison sentence?
3. what do we do about criminals who are very unlikely to re-offend but are not rehabilitated? I.e., what is the purpose of rehabilitation? A common answer is "limiting future damage to society". But this justification fails to explain why we should jail a bank robber who managed to hide $1 billion on a remote island and who we honestly believe will be happy living off of that $1 billion on some remote island in peace for the rest of his life.
4. What about people who commit heinous crimes but are easy to rehabilitate (e.g., due to a treatable mental illness)? How do we deal with vindictive families of victims who might want to take justice into their own hands?
Prison sentences serve many purposes: rehabilitation, protection of society, punishment, and a disincentive for criminal activity.
Rehabilitation is certainly the most in-line with enlightenment values (but can become draconian in the case where the crime is relatively small but rehabilitation proves impossible, or in the case where rehabilitation means "learn how to lie about your inner self").
And I will certainly agree that the US prison system does not come even remotely close to striking a good balance between these multiple purposes. But the other roles are also important, and "rehabilitation" isn't always all it's cracked up to be.
[1] http://www.kcur.org/post/court-says-atheist-inmate-s-religio...