In conclusion, some observations on the limitations of incarceration-based strategies of crime control are offered. Is it simply because saying statistics is an inexact science is a weaker argument on its own. Moreover, this type of strategy could be used to reduce the overall prison population because of fiscal considerations or other reasons. We have put relatively little effort in understanding why criminals do what they do. Should prison sentences be based on crimes that have not been committed yet? Finally, an alternative strategy for using risk predictions is presented.
Ethical Dilemmas and Decisions in Criminal Justice. Judges are lawyers, trained in criminal jurisprudence, charged with assuring due process. The utility of incapacitation as a crime control strategy seems to be constrained by the limits imposed by predictive validity and perhaps by the nature of the criminal career. I picked C for question 1. This difference is determined in terms of personality and character types based on criminological ideas about the typical hard core criminal. One of the most pervasive criticisms of selective incapacitation is that it is based on the statistical prediction of dangerousness; because such predictions are often erroneous, according to this point of view, they should not be used by the court.
The rationale for selecting this approach and an example of this type of evaluation are presented. . Incapacitation comes first, and then comes deterrence, rehabilitation, and finally retribution. The development of such a tool would allow criminal justice agencies to make selective release decisions Gottfredson and Gottfredson, 1985 rather than selective incapacitation decisions or determinations of dangerousness based on the assessment of actuarial risk. Incapacitation was also the subject of extensive review Blumstein et al.
This article describes the selective incapacitation proposal and the scientific and ethical controversies it has generated. It also illustrates the importance of being able to look beyond aggregate crime measures in this type of examination, which is currently possible on a national level only for the crime of homicide. Zedlewski's 1987 analysis of imprisonment indicates that locking up more offenders would not only reduce crime but would save money as well. I argue that the crime-reducing aspects of imprisonment are considerably negated by the crime-enhancing ones. It is generally recognized that two kinds of errors are possible during this behavior prediction endeavor: false negatives and false positives. In contrast to just deserts, selective incapacitation does not concern itself with blameworthiness but with minimizing future offending.
An illustration of the selective-incapacitative effects of this process, using a large sample of federal releases, is presented. The main priority then is to identify those individuals most likely to continue to commit crime, especially serious and violent crimes, and then to lock them up in order to eliminate the risk they pose to public safety. We interviewed 203 juvenile inmates housed in a juvenile corrections facility in New Orleans, using a revised version of the Rand instrument developed by Chaiken and Chaiken. Using data obtained from a probability sample of 500 adult arrestees in the western United States, this 7-item additive scale postdicts such criminal behavior as violent and property Index arrests, felony convictions, and prison sentences with overall accuracy ranging from 85% to 92%. This Essay criticizes the Virginia approach as ethically suspect and mathematically unsound and calls for greater public discourse as to the hidden assumptions underlying the sentencing apparatus.
Incapacitation is also described as being one of the four goals of incarceration, or imprisonment. Drug courts are effective at reducing substance abuse and recidivism. Her then died and was succeeded by Chester Arthur. Given that public protection ranks as a primary focal concern of judges, the authors believe that their results justify renewed attention to the potential uses of actuarial tools within the context of judicial decision making. Between 1995 and 1999, the number of indictable crimes recorded in Ireland dropped by 21 per cent and the daily average prison population rose by 33 per cent. If we reserve the sanction of incarceration only for the dangerous repeat offender, excluding the white collar offender and certain other criminals who pose no serious threat of physical injury to others, we may end up permitting harmful people from the middle class to evade a sanction that less privileged offenders cannot. Critics of the former studies maintain that the estimates are implausibly large, arguing that the effects are instead due to analysts' inability to control for potential confounding factors.
Several writers describe this difference in sentencing philosophy as a built-in tension between the values of fairness and equity in sentencing offenders and of public protection against crime Forst 1983; Gottfredson and Gottfredson 1985. This study uses panel data for 58 Florida counties for 1980 to 2000 to reexamine the link between prison population growth and crime. This paper suggests that a theory-driven approach be taken in the evaluation of gang crime reduction programs. Two additional ethical issues warrant mention here and involve the logistics and practical consequences of utilizing selective incapacitation as a major correctional and punishment strategy: imprisonment costs and the aging-out process. As such, the measurement of key concepts and the empirical support for theory is open to skepticism. However, chemical castration, which includes court ordered injections of a hormone that prevents the male offender from being able to perform sexually and may include minor surgery as well has been used to incapacitate some sex offenders in both the United States and Europe.
As a result, one has to ask why supermax prisons are so popular. And although risk should be a consideration for some offenders, it is inappropriate as a wholesale policy of sentencing. Implications for the practical development of screening instruments are discussed, and further research is suggested. Alternatively, they may just be inappropriate or incapable of predicting future criminal offending. The data for this research consist of a survey administered to approximately 2,100 male prison and jail inmates in three states--California, Michigan, and Texas.
Others suggest that the philosophies are not necessarily incompatible, especially if offense patterns and prior record can be used to predict future criminal activity Moore, Estrich, McGiUis, and Spelman 1984. A new definition of crime is emerging, based on the difference between dangerous career criminals and spontaneous one time offenders. Wade to legalize abortion—the decline in the crime rate during the 1990s. However, overall early release proved to be cost-effective. Thus, the idea behind selective incapacitation is to identify this group of highly active and dangerous offenders and then incarcerate them in prison for decades or more—thus, protecting the public from their predation.