Rif
Your post is incredibly simplistic. You take an ideal system, created for a God fearing Jewish society and try to extrapolate to a violent goyish society.
I happen to agree that there have been many abuses in the American system. There are many problems. Examples include putting people who need help (ex drug users) into jail rather than treatment centers. The violence allowed in jail . Sentencing guidelines for non violent offenders, etc.
But what would you have us do with all the violent criminals out there who can’t be convicted under halacha?
Would you allow violent gang members back on the street Bc you can’t find two witnesses and proper hasra?
Just the opposite, the number one task of a government is to protect its rule-abiding citizens. Allowing violent criminals back on the street to harm its citizens is not only a violation of halacha (one of the Sheva mitzvos, dinim) but a great evil of the value system known as liberalism.
I might also point out, that the rabbanite in Israel uses the jail system.
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