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Because they're human? Because wrongful convictions happen? Also, the deterrent effect of prison is more dependent on certainty of punishment, rather than severity of punishment.[1]

[1] -pdf warning http://www.sentencingproject.org/doc/Deterrence%20Briefing%2...

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> Also, the deterrent effect of prison is more dependent on certainty of punishment, rather than severity of punishment.

Good point. I suspect its even more based on the perceived marginal increase in likelihood of punishment if an act which is intended to be deterred is committed vs. if it is not. Certainty of punishment is one factor that weighs in that, but certainty of nonpunishment of the act is not committed is also a factor.

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