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I hate these types of questions. It's never clear what position the person who asks the question is taking.

In favor of punishment: Victims and relatives want compensation and since it is impossible to restore every situation, especially if the perpetrator has no money, destroyed something irreplaceable or killed someone, we want them to pay with their time instead. The primary goal is making the victims happy and preventing crime can take a back seat to that.

In favor of counseling: Law enforcement lags behind the actual rule violation. Someone is a criminal only after they have committed a crime. Therefore if your policy only targets criminals then it is already too late. It can't undo any damage and it cannot prevent any future damage after the criminal has been released. When they are released the reason they committed a crime didn't disappear. The perpetrator himself obviously didn't benefit from the punishment (in other words: he doesn't need punishment). Therefore the deterrence effect completely disappears and increasingly tough punishments do not influence the recidivism rate. Now imagine instead of targeting criminals after they have committed a crime we instead try the opposite. Suddenly we gain the ability to prevent a crime which is something the punishment only route doesn't allow us to do. So yes people definitively need help so they don't have to resort to committing crimes.



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