Let me take this a step further...
What if by some miracle of modern science or magic (just for the sake of argument) you could be 100% absolutely certain that this guy would never again commit any crime whatsoever. Not even jaywalking. He is no longer a threat to society, he will never again hurt anybody. Since he no longer needs to be segregated from society should he be let free? Do you see what I am getting at? Shouldn't there be a component of punishment? Is everything just about rehabilitation or protecting society, isn't there any room for being personally responsible for your actions?
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--Some of us look for The Way in opium and some in God, some of us in whiskey and some in love. It is all the same Way and it leads nowhither.