Incapacitation (penology)
Encyclopedia
Incapacitation in the context of sentencing philosophy
refers to the effect of a sentence in terms of positively preventing (rather than merely deterring
) future offending.
Imprisonment incapacitates the prisoner by physically removing them from the society against which they are deemed to have offended. Long term imprisonment with the intention to incapacitate is often used by criminal justice systems against habitual criminals
who recidivate
.
, three-strikes sentencing, and other habitual offender laws.
Cutting off a hand of a thief is also an example; this acts to prevent further thefts in a drastic manner, in addition to it having a perceived deterrent
effect on others.
In the United States, states that one of the purposes of criminal sentencing is to "protect the public from further crimes of the defendant."
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
refers to the effect of a sentence in terms of positively preventing (rather than merely deterring
Deterrence (legal)
Deterrence is the use of punishment as a threat to deter people from committing a crime. Deterrence is often contrasted with retributivism, which holds that punishment is a necessary consequence of a crime and should be calculated based on the gravity of the wrong done.- Categories :Deterrence can...
) future offending.
Imprisonment incapacitates the prisoner by physically removing them from the society against which they are deemed to have offended. Long term imprisonment with the intention to incapacitate is often used by criminal justice systems against habitual criminals
Habitual offender
A habitual offender is a person who has repeatedly committed the same crime. Various state and jurisdictions may have laws targeting habitual offenders, and specifically providing for enhanced or exemplary punishments or other sanctions...
who recidivate
Recidivism
Recidivism is the act of a person repeating an undesirable behavior after they have either experienced negative consequences of that behavior, or have been treated or trained to extinguish that behavior...
.
Examples
Examples of incapacitation include back-to-back life sentencesBack-to-back life sentences
In judicial practice, back-to-back life sentences are two consecutive life sentences given to a felon. This penalty is typically used to prevent the felon from ever getting released from prison....
, three-strikes sentencing, and other habitual offender laws.
Cutting off a hand of a thief is also an example; this acts to prevent further thefts in a drastic manner, in addition to it having a perceived deterrent
Deterrence (legal)
Deterrence is the use of punishment as a threat to deter people from committing a crime. Deterrence is often contrasted with retributivism, which holds that punishment is a necessary consequence of a crime and should be calculated based on the gravity of the wrong done.- Categories :Deterrence can...
effect on others.
In the United States, states that one of the purposes of criminal sentencing is to "protect the public from further crimes of the defendant."
See also
- PsychopathyPsychopathyPsychopathy is a mental disorder characterized primarily by a lack of empathy and remorse, shallow emotions, egocentricity, and deceptiveness. Psychopaths are highly prone to antisocial behavior and abusive treatment of others, and are very disproportionately responsible for violent crime...
- RecidivismRecidivismRecidivism is the act of a person repeating an undesirable behavior after they have either experienced negative consequences of that behavior, or have been treated or trained to extinguish that behavior...
- PenologyPenologyPenology is a section of criminology that deals with the philosophy and practice of various societies in their attempts to repress criminal activities, and satisfy public opinion via an appropriate treatment regime for persons convicted of criminal offenses.The Oxford English Dictionary defines...