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Incapacitation in the context of criminal sentencing philosophy is one of the functions of punishment.It involves capital punishment, sending an offender to prison, or possibly restricting their freedom in the community, to protect society and prevent that person from committing further crimes.
The serious crimes that warrant this punishment include treason, espionage, murder, large-scale drug trafficking, or attempted murder of a witness, juror, or court officer in certain cases. The federal government imposes and carries out a small minority of the death sentences in the U.S., with the vast majority being applied by state ...
Incapacitation or guilt for "the commission of a felony or crime of moral turpitude, misfeasance, or malfeasance in office or found incapacitated" (elected officers) Incapacitation or guilt for "the commission of a felony or crime of moral turpitude, misfeasance or malfeasance in office or violation of the canons of judicial ethics" (judges)
Incapacitation may refer to: Incapacitation (penology), one of the functions of punishment; Incapacity, a legal disqualification; See also. Incapable (disambiguation)
Penology is a subfield of criminology that deals with the philosophy and practice [1] [2] of various societies in their attempts to repress criminal activities, and satisfy public opinion via an appropriate treatment regime for persons convicted of criminal offences.
A principle often mentioned with respect to the degree of punishment to be meted out is that the punishment should match the crime. [38] [39] [40] One standard for measurement is the degree to which a crime affects others or society. [41] Measurements of the degree of seriousness of a crime have been developed. [42]
The youth control complex is a theory developed by Chicano scholar Victor M. Rios to describe what he refers to as the overwhelming system of criminalization that is shaped by the systematic punishment that is applied by institutions of social control against boys of color in the United States.
The authority for use of police power under American Constitutional law has its roots in English and European common law traditions. [3] Even more fundamentally, use of police power draws on two Latin principles, sic utere tuo ut alienum non laedas ("use that which is yours so as not to injure others"), and salus populi suprema lex esto ("the welfare of the people shall be the supreme law ...