Yeah, I suppose, but I would prefer that we find a way to adress that problem, rather than giving up on it and finding a more express way to perpetuate it. Prisons shouldn't be resorts, obviously, but I have always operated under the view that the really monsterous people who one could argue deserve torture (rapists, serial killers, etc) are 'sick'. Not in a pitiable way, but in a way that there has to be some reason for.
Ideally, if we can perfect our understanding of the brain, which we get closer to every year it seems, we could find a way to install a conscience into these people. Some sort or neural pathway rewrite or implant so that we could fundementally cure what is making them 'sick'. Not mind control, just a little tweak. Then there would be no need for prison. The downside would be the natural vengeance drive where former victims might still hate them but maybe a relocation system too. I'd like to see something like that.
Only really Sci Fi answers though. No real good answers to the problem.