I think we all agree here that the WOD is a failure and it should be treated as a medical problem instead of a criminal problem but that's not what we have at this point in time. You can claim it doesn't work but that's only if you have a clintonesque definition of what success is. I like to stick with reality and the reality of the situation is that sometimes probation works as intended and given the current alternative, jail time, probation is sanely preferred. Since you agree that probation is punishment you should also agree that probation is intended to keep less serious offenders out of jail, giving them a second chance in case they just made a mistake. In that regard probation often succeeds. I can't make you agree but facts are facts.