selective incapacitation efforts have been criticized for

of the Harvard Law School. The concept has been greeted enthusiastically because it promises simultaneously to decrease the crime rate and to reduce crowding in the nation's prisons. SAGE remains majority owned by our founder and after her lifetime will become owned by a charitable trust that secures the company’s continued independence. Praised as a scientific approach to incarceration, it is also criticized for false‐positive predictions that increase correctional costs and false‐negative predictions that … B) Human life is sacred. Sara Miller McCune founded SAGE Publishing in 1965 to support the dissemination of usable knowledge and educate a global community. justice.d. (analyses by third-year students of the most important decisions of the previous The February Those efforts have taken on new urgency as the Jan. 23 anniversary of Wuhan’s lockdown draws closer. SAGE is a leading international provider of innovative, high-quality content publishing more than 900 journals and over 800 new books each year, spanning a wide range of subject areas. Is it necessarily CJ factors and answers that can help? ©2000-2021 ITHAKA. First, recent evidence indicates that a relatively small number of offenders are responsible for a large portion of serious offenses.10 ©2000-2021 ITHAKA. Are there other social … scale of predictive factors for selective incapacitation was appar-ently quite influential among criminal sentencing decision makers, but researchers criticized it as being too often inaccurate (Blum-stein et al., 1986: 180). gun control was the issue that provoked the discussion during the obama campaign. Which of the following is not an argument put forward by opponents of capital punishment? piece. State-initiated efforts designed to reduce the overrepresentation of minorities in ... Agnew and Brezina indicate that _____ has been the major goal of the juvenile justice system from its inception in the 1800s to the 1970s. incapacitation. Each issue also contains pieces by student editors. incapacitation literature. Second, sex offender civil commitment programs have been criticized on grounds similar The Annals of the American Academy of Political and Social Science is unsigned, reflecting the fact that many members of the Review, in addition All Rights Reserved. One such policy that has been suggested (and incorporated in many jurisdictions) is selective incapacitation, which aims to identify and incarcerate serious career criminals in order to prevent the potentially significant number of crimes they would commit … Some prediction and classification uses have been criticized on ethical, legal, or constitutional grounds. subjected to a rigorous editorial process designed to sharpen and strengthen The defensible space model has been criticized for: ... career criminal programs in district attorneys offices are efforts to implement which approach to punishment. Incapacitation strategies seek to reduce crime by interruption, or "taking a slice out of' an individual career.2 Figure 1 shows What are the prospects and pitfalls of using this kind of approach in policing? The research indicates that an effective criminal justice system is one that involves assessing risk, but also the situational, physical, behavioral, cognitive and psychiatric problems of offenders. lawyers and students of the law. Select the purchase Although the extant literature has yet to estimate the selective incapacitation effects of sex offender civil commitment, the recent study by Wilson, Looman, Abracen, and Pake (2012) is particularly notable because it examined recidivism outcomes among sex offenders in Florida who had been discharged from civil commitment. prediction of dangerousness has coincided with calls for preventive detention, repeat offender programs, and selective incapacitation. JSTOR is part of ITHAKA, a not-for-profit organization helping the academic community use digital technologies to preserve the scholarly record and to advance research and teaching in sustainable ways. 25. Approximately ninety student editors make all editorial This notion has always been popular among criminal justice thinkers. It is difficult to effectively implement the strategy of selective incapacitation because: Finally, an alternative strategy for using risk predictions is presented. Request Permissions. A) Individuals who commit particularly heinous acts deserve death. However, these studies have been criticized for failing to clearly conceptualize class status (Braithwaite 1979) and for confusing delinquency with serious crime (Farnworth,Thornberry, Krohn, and Lizotte 1994). This item is part of a JSTOR Collection. (1982:70) The INSLAW report paid less overall attention to the limitations and assumptions of selective-incapacitation policies, although it did address the issue of "false positives" (Rhodes et al., 1982: 54). From the inception of research on incapacitation, it has been recognized that incarceration of drug dealers is ineffective in preventing drug distribution through incapacitation because dealers are easily replaced. gerous, selective incapacitation programs employ prediction tables based on criteria that have a demonstrated correlation with recidivism.9 Although selective incapacitation offers the seductive promise of possible reductions in crime at little cost, its reliance upon predictions of future behavior raises troubling moral questions as well. Some of these efforts have been successful, but they have also stirred up controversy. First, like the initial selective incapacitation proposals that advocated use of prediction instruments to target high-risk offenders, actuarial risk assessment instruments are typically used to help identify offenders for commitment. Published monthly ... Incapacitation (334) The concept of selective incapacitation rests on the idea that: ... enhance rehabilitative efforts to punish offenders. Classical theories have been criticized for being less a theory of crime causation than a philosophy ofa. With a personal account, you can read up to 100 articles each month for free. mores. Effects of Selective Incapacitation Participation high & frequency is low, selective incapacitation won't work well & participation low & frequency is high, selective incapacitation has great potential Gottferdson & Hirschi's Critique Based on the Age-Crime Curve You've reached the end of your free preview. This problem has been solved! Explaining the dramatic rise of incarceration in the United States has been surprisingly difficult. It is thought to meliorate the ethical concerns discussed and to hold promise for reducing prison crowding without endangering the public. the effect that occurs when criminals who have already been punished decide not to violate the law again because they do not want to be punished again by the legal system Selective Incapacitation Determine which individuals are such high-rate or chronic offenders at the time of their arrest, then incarcerating them for many years would help greatly All Rights Reserved. The study sampl(~ used in the present research have allowed US to test each of the assumptions underlying incapacitation crime control strategies. Supreme Court Term), and a compilation of Court statistics. to the author and supervising editor, make a contribution to each published Founded in 1887 by future Supreme Court Justice Louis D. Brandeis, the Harvard © 1985 American Academy of Political and Social Science One criticism of incapacitation is that it focuses on predictions of dangerousness rather than on the rights of the accused. Recent sentencing proposals for the selective incapacitation of criminal offenders have generated a great deal of enthusiasm and controversy. All student writing Selective incapacitation is the most cost-effective method of incapacitation where the allocation of prison resources is more selective. substance and tone. This article describes the selective incapacitation proposal and the scientific and ethical controversies it has generated. JSTOR®, the JSTOR logo, JPASS®, Artstor®, Reveal Digital™ and ITHAKA® are registered trademarks of ITHAKA. In recent weeks, the government has deployed an army of … Retribution as a penal philosophy has been criticized on several fronts when it is actually applied in practice. © 1982 The Harvard Law Review Association This issue has been of growing importance in criminal justice for several rea-sons. Access supplemental materials and multimedia. SELECTIVE INCAPACITATION AND DANGEROUSNESS 2 Selective Incapacitation and Dangerousness As we discussed in our groups there are many ways to measure the dangerousness of a criminal, but as some of us discussed as well how the means of judging whether the criminal is dangerous or not can be misleading due to passing tests that are meant to either clear them or prove … 1980s has been to increase the use of punishment, especially incapacitation, under the assumption that offenders will be prevented from committing further crimes. All articles--even those by the most respected authorities--are behavior.b. The November issue contains the Supreme Court Foreword (usually by a prominent its members to develop their own editing and writing skills. www.sagepublishing.com, This item is part of a JSTOR Collection. The Kansas City Preventive Patrol Experi-ment (Kelling et al., 1974) has been widely discussed in decisions Published By: The Harvard Law Review Association, Access everything in the JPASS collection, Download up to 10 article PDFs to save and keep, Download up to 120 article PDFs to save and keep. Request Permissions. Selective incapacitation is the practice of separating, usually through imprisonment or another form of confinement, some criminal offenders from the noncriminal members of society. constitutional scholar), the faculty Case Comment, twenty-five Case Notes The Harvard Law Review publishes articles by professors, judges, Check out using a credit card or bank account with. Selective incapacitation is the idea that crime control can be achieved most efficiently by selecting those offenders predicted to be the most dangerous for lengthy incarceration. Aside from serving as an important academic forum for legal scholarship, the social values.*c. The controversy stems from two sources: concerns of science and of ethics. and organizational decisions and, together with a professional business staff JSTOR®, the JSTOR logo, JPASS®, Artstor®, Reveal Digital™ and ITHAKA® are registered trademarks of ITHAKA. Principal offices are located in Los Angeles, London, New Delhi, Singapore, Washington DC and Melbourne. The logic of incapacitation is the prevention of crime via the forced removal of known offenders from the community. The development of selective incapacitation has been based on the notion of the "career criminal" or chronic offender. Tests of these assumptions have been impeded by a lack of reliable, comprehensive data on substantial samples of offenders followed for long periods of time. See the answer. of four, carry out day-to-day operations. selective incapacitation. These elements are applied under a type… An over-emphasis on risk keeps us on a path of punishment, incapacitation and failure in the business of reducing reoffending. It has been a popular notion throughout the ages that fear of punishment can reduce or eliminate undesirable behavior. Theories abound, but they are continually defeated by the vastness and complexity of the American criminal justice system. tive incapacitation"' has received wide attention in the public press2 and in criminal justice policy debates.3 The selective incapacitation proposal suggests that prison terms for some types of crimes should be set on the basis 1. The Review also provides opportunities for For terms and use, please refer to our Terms and Conditions JSTOR is part of ITHAKA, a not-for-profit organization helping the academic community use digital technologies to preserve the scholarly record and to advance research and teaching in sustainable ways. 2. from November through June, the Review has roughly 2,000 pages Each issue of the Annals of the American Academy of Political and Social Science, guest edited by scholars and experts in the field, presents more than 200 pages of timely, in-depth research on a significant topic of interest to its readership which includes academics, researchers, policymakers, and professionals. of an important area of the law. _____ has been credited with creating the mark system of graduated confinement in England, which called for an inmate to obtain marks toward early release. C) The death penalty has at times been imposed upon innocent people. However, there are numerous operational, ethical, and jurisprudential obstacles to implementing the theory of selective incapacitation in practice. Selective incapacitation, however, relies on the assumption that these chronic offenders can be reliably identified before they are involved in an extensive number of offenses, something that has proven to be a difficult prospect (Gottfredson & Hirschi, 1986). Miles and Ludwig (2007) argue that analogous market mechanisms may result in replacement for other types of crime. For example, incapacitation theory might advocate pretrial detention of a defendant who has not yet been proven guilty. Review is designed to be an effective research tool for practicing A growing selection of library products includes archives, data, case studies and video. D) The death penalty is more expensive than imprisonment. per volume. Law Review is an entirely student-edited journal that is formally independent These ideas have been formalized in several different ways. Stephen D. Gottfredson and Don M. Gottfredson, The Annals of the American Academy of Political and Social Science, Read Online (Free) relies on page scans, which are not currently available to screen readers. 478, Our Crowded Prisons (Mar., 1985), American Academy of Political and Social Science, Access everything in the JPASS collection, Download up to 10 article PDFs to save and keep, Download up to 120 article PDFs to save and keep. Question: What are some moral and ethical questions that have been raised about selective incapacitation? To access this article, please, Vol. has not been particularly successful in the selective incapacitation of dangerous offenders (a primary motivation for the law); the average dangerousness of the prison population has declined and that of the rest of the population has increased.” State University of New York Press.xiv The Utilitarian philosopher Jeremy Bentham is credited with articulating the three elements that must be present if deterrence is to work: The punishment must be administered with celerity, certainty, and appropriate severity. option. experts. predictability of criminal behavior. The challenge is to provide a plausible estimate of how many crimes an incarcerated individual would have committed, were s/he free in the community rather than confined in prison. In summary, criminologists have invested considerable effort in documenting the patterns of crime. Harvard Law Review and practitioners and solicits reviews of important recent books from recognized issue features the annual Developments in the Law project, an in-depth treatment For terms and use, please refer to our Terms and Conditions Peter W. Greenwood with Allan Abra-hamse, Selective Incapacitation (Santa Monica, CA: Rand, 1982). Read your article online and download the PDF from your email or your account. If selective incapacitation and gross incapacitation do not reduce serious crimes, what actions can be taken to decrease such crimes?