This is a subject that demands pragmatism. At risk of stating the obvious, the primary utility of incarceration is to prevent the convict from victimizing more innocents. It's a crude solution, but it is undeniably effective. It's very difficult to commit crimes against innocents in general society from a prison cell.
So, given that the pragmatic benefit of incarceration is protecting the innocent from being victimized, which presumably we all support, we should look if there are other less crude ways to achieve the same goal. I understand that Drug Court and similar programs have had some measurable success. But we can't forget there are very bad people who will treat diversion programs as a joke and an opportunity to continue to prey on others. Those individuals should be incarcerated, not to punish, but to prevent them from offending again. Rehabilitation would be wonderful and the opportunity should be offered, but some persons just don't want to be rehabilitated.
"At risk of stating the obvious, the primary utility of incarceration is to prevent the convict from victimizing more innocents."
This is not the purpose of incarceration in Germany or the Scandinavian countries. The purpose there is simply loss of freedom for a short while as punishment, and assistance to better yourself for when you're released.
So, given that the pragmatic benefit of incarceration is protecting the innocent from being victimized, which presumably we all support, we should look if there are other less crude ways to achieve the same goal. I understand that Drug Court and similar programs have had some measurable success. But we can't forget there are very bad people who will treat diversion programs as a joke and an opportunity to continue to prey on others. Those individuals should be incarcerated, not to punish, but to prevent them from offending again. Rehabilitation would be wonderful and the opportunity should be offered, but some persons just don't want to be rehabilitated.