[dnautics]

hey, no physical violence please, psychological one will do!

Yes, because physical violence is provable, psychological violence is easier to fabricate. If the state cannot satisfy a certain level of probity, then it should stay out for the risk of making the accused a victim of physical violence.

That doesn't make psychological damage is morally acceptable, it just means as a society we should find another means of punishing it that doesn't involve the state.