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Ostensibly, incarceration protects society by removing the threat posed by those who have committed crimes. However, this is theory only and not good theory. Consider for a moment that the current incarcerated population of the US is over 2.5 million. It has risen steadily for the entire history of the US, yet the rate of crime has not fallen, it has risen. Additionally, the recidivism rates for the most prosecuted crimes are relatively low, yet the prosecution rates remain high. This can only be an indication that those with no past convictions, those who have never been incarcerated, are those who are commiting the crimes.

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