We don't need back, we need forward, and a lot of us aren't interested in giving into doomerism. It is still the time for peaceful resistance and that might still work. It might not, and if it doesn't the time for widespread destruction of property and civil disobedience will come and that might work, and then soon after the time for armed resistance will come and that might work. If it all fails we can at least make them hurt and show the world that we don't take fascism lying down. It's dark times but we don't get out of them by giving up.
Hell, there's a chance we come out of this better than we were before, and not just because the bar is so fucking low. We (americans) might find our passion for liberty and justice again and we might find our courage and we might express our decades of resentment against the creeping in of inequality by swinging to the left with new and more inclusive rights and protections for working class people. That'd be nice but even if we can't have a good ending it's still the right thing to do to fight fascism with everything we have.
A good criminal justice system ought to have comprehensive mental health services as part of the goal of rehabilitation. Therefore, for his own good, he should be in prison and we should reform the prison system.