incapacitation
The effect of a sentence in terms of positively preventing (rather than merely deterring) future offending by physically removing the offender from society.
It doesn't care if the prisoner learns a lesson; it only cares that they are physically unable to commit a crime while locked up.
Word relationships
- disablement: Disablement is general; incapacitation in law is specifically about removing the opportunity to commit crime.
- liberation: Liberation gives the freedom to act; incapacitation removes it.
Commonly confused with
- deterrence: Deterrence tries to change the mind; incapacitation physically stops the body.
Word family
- incapacitate (verb): To prevent from functioning in a normal way.
Collocations
- selective incapacitation
- incapacitation effect
- theory of incapacitation
Example sentences
- "The primary justification for life without parole is incapacitation—ensuring the offender can never harm the public again." Legal Theory
- "Incapacitation is often the goal when dealing with habitual offenders who show no signs of reform." Public Safety
Memory hook
IN-CAPACITY: You are removing their 'CAPACITY' to do harm. Physically stopping crime by locking someone up.
When not to use
Don't use it to mean 'being sick'; that is 'incapacitated'. This noun is almost exclusively for the theory of punishment.
Fun facts
- Electronic monitoring (ankle bracelets) is considered a form of 'partial incapacitation'.
Related words
Explore more words
incapacitate, incarcerate, incarceration, rehabilitation, retributive, recidivism
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