Who makes the laws that ultimately punish though?
How many of them should have done time for their crime(s), but don't or didn't, due to their upbringing or circumstances?
It's been like that since Antiquity...now, more than ever candidates and officials reach their positions based on fatter pockets and fundraising- it's not until years down the line do we hear about where it all came from.
If everyone across all labels and boundaries atoned equally, the prison argument itself wouldn't be as much of an issue, however there are certain types/groups/people that tend to, and are more likely to experiencing the judicial system simply because of lack of opportunity and money.
As long as "THEY" are away from my beloved family and friends, then I am free to do what ever I want without me fearing "THEM." It's basic, but people are basic here.
dealing with social workers and the clients they have, you'd be amazed how many people (young kids especially) get caught up in the legal or judicial system due to their parents or circumstances being completely beyond fucked. Not their fault- nobody was there to help or reinforce anything...but they suffer, and with the labels given to them will likely never get the (fair) chance that many others (of us) get to be functional members of society.
There are examples like Sweden, but those societies, while having some of the same ills American society has, simply aren't the same. The sheer volume of criminals in the system here would make the transition impossible for one, and two, there are sadly enough people outside of the prison system encouraging the lifestyles that promote the need for it (politically, socioeconomically, and otherwise), that rehabilitation would take a very long time to work itself out. I'd like to see it work, but I think there's a lot more complacency than many would like to admit.
there's also a real stigma with Mental Illnesses in this country, but that's for another post.