ultima ratio

Since punishment (including death and prison in the United States) is the harshest type of public measure or burden that the state may take or impose against an individual and the state has the duty to consider the rights and interests of all people involved or affected by a situation (including those who cause harm), the ultima ratio principle requires that less harmful responses or measures, including noncriminal ones, be adopted if those responses or measures would adequately advance a legitimate goal such as addressing harmful behavior.