Incapacitation
Incapacitation is a concept in the field of criminal justice that focuses on preventing individuals from committing further crimes by restricting their freedom. This is often achieved through various forms of punishment, such as imprisonment or, in extreme cases, execution, which effectively removes offenders from society. The idea is rooted in the belief that by incapacitating criminals, the opportunity for them to reoffend is significantly diminished. Historical perspectives, such as those from philosopher Jeremy Bentham, have framed incapacitation as one of the main purposes of punishment, alongside rehabilitation and deterrence.
However, the effectiveness of incapacitation as a crime control strategy has been debated. Critics argue that it does not always lead to a significant reduction in crime rates, especially when new offenders take the place of those incarcerated, as often seen in gang-related activities. Studies show mixed results, with some suggesting a slight increase in crime when prison populations are reduced, while others indicate a potential decrease with increased imprisonment. Additionally, selective incapacitation policies, such as "three strikes" laws, have been implemented in some jurisdictions to target repeat offenders. Ultimately, the impact of incapacitation on crime rates remains a complex issue, warranting further exploration and analysis.
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Incapacitation
SIGNIFICANCE: Incapacitation provides a justification for certain forms of punishment as well as a strategy for crime control.
"Incapacitation" refers to the idea that certain forms of punishment are effective means of reducing crime if they restrict the abilities and opportunities of criminals to commit crimes. For example, confining offenders in prison removes them from society and renders them unable to commit further crimes against the general public. Execution has the ultimate incapacitating effect. Even parole may help incapacitate criminals by limiting their movements and thus restricting their opportunities for committing crimes.
The nineteenth-century British utilitarian philosopher Jeremy Bentham discussed incapacitation in An Introduction to the Principles and Morals of Legislation (1789), a treatment of the ends of punishment. Bentham regarded the principal end of punishment as control of conduct, and he used the term “disablement” to refer to the effect of punishment on the offender’s “physical power.” This was contrasted with “reformation,” which refers to the use of punishment to control conduct by influencing the offender’s will, and with “example”—that is, deterrence—whereby punishment sets an example and thus controls the conduct of people besides the offender. Contemporary discussions of the aims and effects of punishment follow Bentham, at least roughly, in distinguishing among reform or rehabilitation, incapacitation, and general deterrence by example or by threat of punishment.
Incapacitation is an expected, or at least hoped for, effect of punishment. Incapacitative effects, however, do not occur in two types of situations. The first is cases in which offenders would not have committed any additional crimes even if they had not been punished. The second is situations in which other individuals take the place of the incarcerated criminals, taking advantage of the opportunities that have opened. This often occurs in the case of criminal activity related to gangs, when the arrest and imprisonment of one member may not result in a decrease in crime. Other gang members or new recruits often fill the positions vacated by the arrest of fellow gang members.
Studies have not established that a strict incapacitation approach to crime control is likely to lead to a significant reduction in the rate of crime. Skeptics point to periods during which crime rates have risen despite increased use of imprisonment. Studies have yielded mixed estimates of any incapacitative effect, with some research projecting a slight increase in crime (4 or 5 percent) with a reduction in prison use. Other research has projected a substantial decrease in crime if the prison population were increased. There is some evidence that the effect of incapacitation varies with types of criminal behavior. Some criminologists have recommended a policy of selective incapacitation—for example, of “career criminals” or violent criminals. Some states have enacted laws imposing life sentences on persons convicted three times of violent or serious crimes; these are sometimes colloquially called “three strikes” laws. Other times under these laws, however, their sentences are lengthened, but they do not have to serve life. According to Berkeley Public Policy, in January 2022, one in three incarcerated individuals, or 36 percent, had their sentence lengthened because of three strikes laws.
Bibliography
Foucault, Michel. Discipline and Punish: The Birth of the Prison. Trans. Alan Sheridan. 1977. New York: Vintage, 1995. Print.
Garland, David. Punishment and Modern Society: A Study in Social Theory. Chicago: U of Chicago P, 1990. Print.
Honderich, Ted. Punishment: The Supposed Justifications Revisited. Rev. ed. Ann Arbor: Pluto, 2006. Print.
"Report Provides In-Depth Look at Three-Strikes Law in California." Berkeley Public Policy, 1 Sept. 2022, gspp.berkeley.edu/research-and-impact/news/recent-news/report-provides-in-depth-look-at-three-strikes-law-in-california. Accessed 5 July 2024.
Roodman, David. "Incapacitation: How Much Does Putting People Inside Prison Cut Crime Outside?" Open Philanthropy, 24 Sept. 2017, www.openphilanthropy.org/research/incapacitation-how-much-does-putting-people-inside-prison-cut-crime-outside/. Accessed 5 July 2024.
Zimring, Franklin E., and Gordon Hawkins. Incapacitation: Penal Confinement and the Restraint of Crime. New York: Oxford UP, 1995. Print.