The issue really has to be to isolate the populations who will be damaged by a given punitive regime. this is by its nature cross gender , even if unevenly so . Every time of course the answer comes back either this is idealistic , or that it is too expensive and resource intensive to be used in the real world.
What that says in fact is that positivists use the categories that are to hand because they are ‘easy’ not necessarily ‘accurate’. They then overstate the case saying that because it suits most of the people , most of the time, we can apply it to all of the people , all of the time. . This has been eloquently argued on these pages…..it unfortunately relegates to the margins those who do not fit the ‘theory’ . This obviously is a serious problem in a system where we claim each child is important, and where most of these ‘misfits’ as positivists would perceive them include a substantial proportion of those at the extreme ends of the bell curve.