If a Federation prison could possibly hold Lore, then you might have a case. But I think we all know by now that Lore could escape from pretty much any prison. There aren't many sentient beings out there with the strength, speed and intelligence to match Lore or Data. If they go rogue, extreme measures will always be necessary.
And like I said, Lore can be put back together again
. He is not dead, just 'sleeping'.