[ramblenode]

What is this dangerous precedent? I struggle to think of a reasonable hypothetical scenario where it is just to continue punishing someone for something which isn't a crime. On the other hand, there are actual thousands of people locked in confined spaces for acts that society no longer believes merits locking people in confined spaces.

But, you say, they are the kind of people who disregard the law so we should keep them there anyway. They are in prison because of a specific crime, not their general audacity to defy the state. Imprisoning someone because of an error and continuing to do so after it has been realized serves no societal purpose and is a cruel and excessive use of force.