Exactly. If men are disproportionately in prison, maybe that isn't justice.
Why is it ok for 'spaulding to just shut down the argument as "nothing about justice requires that punishment be meted out in strict accordance with demographic breakdown" but suddenly a fallacy when I insert an actual demographic? I knew it would make people upset because well if we're talking about men then no defense is necessary, no woodruffw to the rescue with "affirming the consequent", but if black people cue up the folks with the torches.
Nobody has torches out. I'm just pointing out that 'spaulding has made a strictly correct observation. You could have responded to it with an equally valid and interesting observation ("we have ample social evidence that criminalization is gendered"), but you chose to be inflammatory instead.