A society based upon the principle of individual liberty is a society of which the members are supposed to be gifted with the virtues of prudence, industry, and self-control; virtues of this nature are indeed essential to the existence of such a form of society. Unfortunately, a certain portion of its members do not possess them even in an elementary degree, and no amount of seclusion in prison will ever confer these qualities upon them. Imprisonment, to be followed by liberty, however rigorous it is made, is accordingly no solution of the difficulty; the only effective way of dealing with the incorrigible vagrant, drunkard, and thief, is by some system of permanent seclusion in a penal colony. All men are not fitted for freedom, and so long as society acts on the supposition that they are, it will never get rid of the incorrigible criminal.
There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible to live without breaking laws.