Freedom to choose responsibly
The irony is that the more you are unable to choose to do the things that your society requires you to do cooperatively, the more you might need to be controlled by that society in ways that prevent you from"defecting." The more choice is limited for someone who is mentally unable to resist the commission of what we'd call a crime, the more we need to keep them segregated from society with the goal of preventing the effective return of that behavior. But can we see, in our culture, the need to do that?
Psychopaths who commit crimes should probably be locked up as long as the law allows or longer, but since most are not considered mentally ill, we have a dilemma here as well. Because successful psychopaths are very good at concealing the criminal aspects of their "crimes," yet we can't lock them up for their psychopathology alone, can we?
