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Selective Incapacitation - Two Views on a Compelling Concept

NCJ Number
99821
Author(s)
P W Greenwood; A vonHirsch
Date Published
1984
Length
5 pages
Annotation
Based on his California research, Peter Greenwood argues for the selective incapacitation of habitual property offenders to reduce the incidence of such crimes; Andrew von Hirsch argues against selective incapacitation based on moral and practical considerations.
Abstract
Greenwood reports finding offenders who reported committing over 200 offenses annually, ranging across various crime types. He advocates using his prediction instrument to identify such habitual offenders among those convicted for robbery or burglary and incapacitating them for longer periods than offenders at less risk of recidivism. He reasons that habitual offenders would be incapacitated up to or near the maximum time permitted for the conviction offense, thus avoiding the charge that selective incapacitation does not conform to a justice model (punishment according to the severity of the charged crime). Von Hirsch argues that selective incapacitation would be based on necessarily flawed predictions of criminality and would not, in any case, have the impact on crime rates projected by Greenwood. He advocates desert-oriented sentencing that would be based strictly on applying punishment according to the severity of the crime for which conviction was obtained.