In reality just like with policing we need better judges we need better officers we need better judges in the system the problem is how to get that nobody has solved that problem and it's easier to just write rules to make things worse for everybody instead of trying to fix the system with better people
https://knowablemagazine.org/content/article/society/2022/re...
"In 2015, for example, an analysis by Swiss researchers looked at 14 studies that compared what happened when criminals were put behind bars to what happened when they were given some other sentence, such as probation or electronic monitoring, that allowed them to stay out of jail or prison. The researchers found that crime rates were just as high for people who’d spent time behind bars as for those who hadn’t."
No that is not what is boils down to, i dont even agree that prison should be viewed as a punishment at all
Prison should be for separating a person that is a danger to others until such time they are no longer a danger to others. Judges often have a bad record at picking who will be a danger and who will not thus by default for public safety the public demands people convicted of crimes be sent away for a long time to maximize the possible safety of the public at the expense of the individuals that get caught up in the system
We know that past a certain point harsher punishments in general are not a deterrent to people committing crimes so we need the public to grow a spine and reject the idea of excessive sentences since while it makes them feel safe, it's just putting them at further risk. Some facts are a hard sell to people though, especially when they're afraid.
We have a huge problem with mass incarceration in the US and the treatment of people we lock up and the conditions of those facilities need major reform, but I don't think we should abandon the idea of locking people up as a punishment entirely.