If your brother was in jail, you wouldn't be able to visit him "whenever you wanted." And when you visit with him, it'd be under a stigma and shameful situation.
Also, being an "independent person" is apparently what has led him to his current life situation. He needs discipline and to learn to respect and obey authority. Jail isn't going to teach him that. If anything, it will set him on the path to being a career criminal, and it certainly isn't going to "preserve his innocence." It's kind of ridiculous to think that.
