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Some Conceptual Issues in Incapacitating Offenders

Donald M. Barry

Recently, growing attention has been paid to the concept of "incapacitation " as a crime-control device. Much of the increased interest in incapacitation has been the result of the existence of a developing consensus that other utilitarian punishment options, such as rehabilitation, are ineffective combined with an intuitive trust in the simple logic of incapacitation: incarcerated offenders can commit no crimes. An illustration of the importance of this growth in support for incapacitation is provided by the release in 1981 of the Report of the Attorney General's Commission on Violent Crime, which took a position staunchly supportive of incapacitation. The purpose of this paper is to point out some of the complexities underlying any attempt to implement a full-scale incapacitative model through the increased use of imprisonment. Our position is that, far from simple, the renewed use of incapacitative strategies is frought with difficulties. We expressly avoid a lengthy discussion of moral issues underlying the model, though we recognize their seriousness, as well. Instead, we point out technical concerns that make the effectiveness of an incapacitative approach problematic.

Crime & Delinquency, Vol. 29, No. 4, 529-545 (1983)
DOI: 10.1177/001112878302900403


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