Crime and punishment after SHTF

I think torture is out of the question.
Anyone who is capable of doing that, to me, is capable of other things.
Not to mention if the person will look to settle that score, possible with the whole group.

Someone here posted a quote by Machiavelli,
If an injury needs to be done to a man it should be so severe that his vengeance need not be feared.

I think that would apply more post shtf than ever.
Eventually some sort of jail system can be created, but until then I think it should either be banishment or a punishment that ensures there will be no reprisal

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Crime and punishment after SHTF