Personally, I believe that our “criminal justice” system has devolved into a “punish at any cost” system. We have no interest whatsoever in even exploring the possibility of any alternative methods that will move out society in the direction of healthy social order. “Do the crime, do the time” is the mantra of the system, irrespective of any societal objectives or results. When a person misbehaves, the entire thrust is to mete out some form of punishment in the form of barbaric incarceration, with “closure” high on the agenda if there are any victims.
If I were an attorney, I would feel it my moral duty to do anything possible to disrupt our headlong plunge into incarceration as the default resolution for every offense. Since there are only two possible outcomes (incarceration or acquittal), I would seek acquittal, as a moral position, in every prosecution, even for the guilty…