By Franklin Zimring, Gordon Hawkins
The only, definite approach that imprisonment prevents crime is via restraining offenders from committing crimes whereas they're locked up. known as "incapacitation" via specialists in criminology, this influence has develop into the dominant justification for imprisonment within the usa, the place good over one million people are presently in jails and prisons and public figures who are looking to seem difficult on crime periodically urge that we throw away the major. How helpful is the fashionable legal in restraining crime, and at what rate? How a lot will we relatively learn about incapacitation and its effectiveness?
This ebook is the 1st entire review of incapacitation. Zimring and Hawkins convey the expanding reliance on restraint to justify imprisonment, examine the prevailing theories on incapacitation's results, check the present empirical examine, document a brand new research, and discover the hyperlinks among what's recognized approximately incapacitation and what it tells us approximately our felony justice coverage. An insightful evaluate of a urgent coverage factor, Incapacitation is an important contribution to the present debates on our legal justice method.
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And can we ever say that it is necessary to punish John Smith rather than others convicted of similar crimes if effective general deterrence is to be achieved? By contrast, once it is granted that John Smith may offend again if he is not restrained, the need for incapacitation appears to justify not only a general regime of incapacitation but also the imprisonment of this particular miscreant. In this sense, both desert and incapacitation have a substantial rhetorical advantage over the nonspecific claims of deterrence, at least when large numbers of candidates for punishment are available.
Having served time in a state juvenile facility 5. Use of hard drugs in the preceding two years 6. Use of hard drugs as a juvenile 7. Being employed less than 50 percent of the preceding two years They used these seven items to construct a simple additive scale in which each item was given a value of 1 if true and 0 if not. Those who scored 0 or 1 on this scale were predicted to be low-rate offenders; those who scored 2 to 3 were predicted to be moderate-rate; and those who scored 4 or more were predicted to be high-rate (Greenwood, 1982:50-53).
Inevitably, appeals to build more new prisons or to expand the capacity of existing correctional facilities have been framed in terms of incapacitation rather than deterrence, desert, 16 CConcepts or other functions of imprisonment. "The choice is clear," said the Attorney General of the United States in 1992. "More prison space or more crime" (Barr, 1992:345). As an argument for prison construction, the specificity and palpability of incapacitation are signal advantages. Each additional prisoner represents more crime prevented as long as it is assumed that offenders will persist in crime unless confined.
Incapacitation: Penal Confinement and the Restraint of Crime by Franklin Zimring, Gordon Hawkins