i've only read a bit of foucault but one of his fascinating expositions is the mechanisms of discipline that run through us unconsciously (i've heard it termed micropower). it's tangentially related to the panopticon, which is what many people think of in relation to foucault. foucault makes claims that normative forces (micropower) are more powerful than direct coersion.

micropower breaks down when individuals start othering people (contrasting and disassociating others from themselves), particularly those we call criminals (recall zimbardo's prison experiment and milgram's as well). reformation efforts in the criminal justice system, then, have been focused on replacing punishment and coercive tactics with rehabilitative ones to bring offenders back into the fold so that normative forces rather than coercive ones can act to create social stability.

but our justice system has a ways to go on this front. minor offenses like petty theft can lead to months/years in prison and acute othering (yet we don't even prosecute those who brought our financial system to its knees and millions of livelihoods along with it). instead sentences for most offenses should not separate offenders by putting them into jail but instead should put them in the middle of a normative group of people. this surely requires a high degree of collective empathy and compassion though. but at least we no longer have debtors prison...