Flashcards
Incapacitation
Cards in this deck (13)
- 1main sourcevon Hirsch and Ashworth
- 2considerationsnormally on basis of how likely to reoffend - irony because most likely to reoffend = most petty, serious = least likely to reoffend (e.g. crimes of passion etc)
- 3typescustody, disqualification, house arrest etc
- 4wider definition?Malsch and Duker: anything which prevents/makes impossible certain actions without any other goal (e.g. rehab) - e.g. ASBOs, restraining orders, tags etc
- 5problemscostly!!
issues of JUSTICE and RESPONSIBILITY
risk assessment + false positives + lack of data
Floud Report
criminogenic: Sampson and Laub (use what you know from YJ)
doesn't take gravity into account
normally done on basis of likelihood of reoffending but irony
only way to get 'dangerous' = lots of false positives
irony of age (use Kinzy, 2008) - 6how does it fit with other theories?Tonry: flipside of rehab
BUT
could also be fail-safe, part of traditional view of rehab (for incurables)
can be used to deter generally and specifically
retributive if proportional, expresses censure - doesn't take gravity into account enough though - 7costBarker (2010): controversial whether cost of incapacitation is worth it for effect on crime (can't really tell)
- 8public opinion? sentencers?attractive: quick, direct, value free
public and tough punitive attitude - 9modifying theory of incapacitationselective incapacitation
Morris: use desert as guideline?
maybe even 2 track system? - 10devising a test for incapacitation?Bottoms and Brownsword: vivid danger + TEST
overcoming fairness in extreme circumstances
seriousness, certainty, temporality (frequency and immediacy)
BUT
von Hirsch and Ashworth: need high threshold - 112 track system?Albrecht: Germany
1: retribution, commensurate
2. prevention, non-com (special offenders) - 12Proportionality?von Hirsch: false +ves infringe on rights of offenders, not proportional
Walker: harm to others = forfeit of assumption of harmlessness - 13empirical evidenceGreenwood: works
Blokland and Nieuwbeerta: sustainable decline in crime when incapacitating freq offenders (25% decrease under strictest regime)
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- Undergraduate degree Criminology Flashcards on Incapacitation, created by Danielley on 04/06/2014.
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- Danielley
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