Society is sometimes better off (depending on the crime and circumstances) to provide treatment in lieu of a pure punishment model.
I think that’s true for many non-violent crimes — especially first offenses — and our justice system is overall very poor at handling both substance abuse and mental illness.
But, for extremely violent crimes, I think incapacitation is still generally the best policy.
It’s interesting to ponder intellectually: Should one bad choice (or string of choices) define somebody’s life? Is Jabari garbage because he completely lost control of his rage and did something sadistic?
Philosophically, I say no. My experience tells me lock some of these guys up. I’ve represented guys who have tortured their own father; tore their pregnant girlfriend’s eyeball out and left it on the floor; and broke into a home to rape a young boy. In these instances, each struggled with issues that effected their judgment: substance abuse, schizophrenia, and pedophelia. In all three cases, incapacitation (prison; institutionalization; prison) was all a prosecutor and judge would agree to (despite my best efforts), and in all three cases incapacitation was probably right.