> The goal of not institutionalizing them and setting them up for a difficult future is noble and laudable, however, I worry that this will ultimately be counterproductive. It is going to cause a swing much like what we are seeing, where people conclude that we are not tough enough on crime and thus we need to get more extreme, more punishing, and more authoritarian, which is the exact wrong way in my opinion.
I totally agree. I also worry that people will continue to push for more extreme forms of punishment. It's gross that we accept how prisoners and ex-cons are treated as it is. I think there are still a lot of people who would already prefer if our legal system was even more cruel, but even if most of us want reform all we can really do is vote for the people willing to do it. Our strongest point of leverage here is jury nullification, but I wonder how popular that would actually be with jurors and since most cases never reach trial we're denied the opportunity to use nullification to prevent defendants from being subjected to excessive, inhumane, and unjust punishments anyway.