advantages and disadvantages of incapacitation

Selective incapacitation aims to incarcerate fewer people and reserve prison time for only the most violent repeat offenders. The great danger of such depressurization is crew incapacitation. I would definitely recommend Study.com to my colleagues. An error occurred trying to load this video. J Quant Criminol 23:377387, Gottfredson S, Gottfredson D (1994) Behavioral prediction and the problem of incapacitation. Criminal justice systems in today's world utilize incapacitation theory as a method to stop the activities of habitual criminals. Would it be wrong for that judge to send to prison a convict who, if she is not incarcerated, will commit a hundred more offenses in the next ten years and to place on probation a convict who will never endanger another individuals safety? Hypothermia refers to a drop in core body temperature to below 35C (normal body temperature is between 36.5C and 37.5C), which can be serious if not spotted and treated quickly. Those two purposes combined are a linchpin of United States sentencing policy, and those who oversee sentencing or are involved in the development of sentencing policy should always keep that in mind. Retributive theory "Let the punishment fit the crime" captures the essence of retribution. Key Takeaways. Places with higher crime rates also tend to put more people in prison. Even those individuals who commit crimes at the highest rates begin to change their criminal behavior as they age. Scholars discuss the most significant immigration-related cases before the U.S. Supreme Court, their ramifications, and what to expect in 2020. Offenders used to be chained up, physically punished, or locked in dungeons. The information in this publication is drawn from Nagins essay with additional context provided by NIJ and is presented here to help those who make policies and laws that are based on science. PubMedGoogle Scholar. Recidivism, Employment, and Job Training. Specific therapeutic treatments will vary. 1. These days, rehab programs are more accessible and widely available than ever before, and with so many different specialties, locations, and program styles, no matter what type of rehab an individual is seeking, they will likely be able to find a good fit. Participants considered social science research indicating that a small proportion of offenders commit a large proportion of crimes and that it is possible to distinguish the high-rate serious offenders from the low-rate offenders on the basis of individual characteristics. All rights reserved. Whether youre looking to address a substance use disorder or a painful childhood memory, each type of therapy has its own advantages and disadvantages. Types & Goals of Contemporary Criminal Sentencing. General deterrence focuses on the changes in behavior created by the threat of punishment. Try refreshing the page, or contact customer support. Each goal has advantages and disadvantages of using; however, there have been concerns about how each goal is to be balanced and used. [note 5] Sampson, Robert. Paperback 153 pages. Currently, incapacitation involves incarcerating offenders in jail or prison, sentencing offenders to house arrest, requiring them to wear electronic monitoring devices, placing offenders on probation or parole, and making offenders check in at day reporting centers. Incapacitation is the restriction of an individual's freedoms and liberties that they would normally have in society. Retributivism ignores the offender's future conduct or effects . The purposes of punishment are deterrence, incapacitation, rehabilitation, retribution, and restitution. Ordinarily, electronic monitoring is used as a tool of incapacitation and deterrence. . 7. In fact, scientists have found no evidence for the chastening effect. Cocaine is a central nervous system stimulant that is frequently abused for the increased confidence, enhanced alertness, and well-being it provides. Christine Liddell graduated from the University of Nevada, Reno in 2019 with a Bachelor of Science in Mining Engineering. | Supermax Prison Pros & Cons. Verdict on the Advantages and Disadvantages of the Death Penalty. Deterrence When humans decide how to act, we tend to look towards the consequences of our actions. This report describes the results of a research project designed to determine the potential benefits of selective incapacitation. Part of Springer Nature. To unlock this lesson you must be a Study.com Member. The advantages and criticisms of this system are also discussed. Cloudflare Ray ID: 7a196ba209a39bdc The lack of any chastening effect from prison sentences, The different impacts of the certainty versus the severity of punishment on deterrence, and. Sign in|Recent Site Activity|Report Abuse|Print Page|Powered By Google Sites, Reduces future crime; deprives criminal future opportunity to commit crime. Rabbi Bergman: he won't/can't do it again anywaywhy imprison? Incapacitation - Incapacitation is a form of punishment that seeks to prevent future crimes by removing offenders from society. That individuals grow out of criminal activity as they age. Close to the end of this module advantages and disadvantages of using Chemical . Social Change was created to provide an outlet for scholarship and analysis in legal areas of particular interest to socially concerned attorneys. We said that retributive justice is a matter of giving those who commit crimes against humanity what they deserve. This is one of the worst disadvantages of technology in human life. This Note, after pointing out why selective incapacitation is now so attractive, will argue that it should not be a factor in sentencing proceedings because at present it is impossible to predict with any accuracy who is likely to prove dangerous. 1978): general deterrence, specific deterrence and incapaciation.This study deals with this last, incapacitative effect of imprisonment. Answer (1 of 8): Retribution focus more on pain on offender to the satisfaction of the aggrieved party. 1. Participants at an October 1983 retreat sponsored by the Council on Criminal Justice of The Association of the Bar of New York City examined the possible advantages and disadvantages of selective incapacitation, a policy of incarcerating career criminals for lengthy periods. Imprisonment is an incapacitation. Drawing upon decades of experience, RAND provides research services, systematic analysis, and innovative thinking to a global clientele that includes government agencies, foundations, and private-sector firms. The weakness of incapacitation is that it works only as long as the offender is locked up. Therefore, penalization should be reserved for those . With the guidance and motivation of a support team as well . 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. . Get unlimited access to over 84,000 lessons. Specific deterrence focuses on the possible change in behavior after the experience of prison. Free Essay on Criminal Justice: The Pros and Cons of our Prison System at lawaspect.com. Before someone commits a crime, he or she may fear incarceration and thus refrain from committing future crimes this is incarceration as deterrence. The paper also presents a comparison with other forms of punishment. Provided by the Springer Nature SharedIt content-sharing initiative, Over 10 million scientific documents at your fingertips, Not logged in In New York State, we have over the last few years experienced a form of selective incapacitation driven not so much by rational planning as by the frightening realities of crime in the state, and . If one is a low-level drug offender who committed their first offense, the mandatory minimum sentences under collective incapacitation would send this nonviolent offender to prison, when perhaps they could have been rehabilitated instead. It also needs to be added that there are advantages and disadvantages of incapacitation. 82% of those who commit identity theft are subject to a mandatory minimum sentence, usually lasting 48 months. The cost to the taxpayer of operating prisons is a con associated with prison operations. The RAND Corporation is a nonprofit institution that helps improve policy and decisionmaking through research and analysis. General deterrence prevents crime by frightening the public with the punishment of an individual defendant. For information on reprint and reuse permissions, please visit www.rand.org/pubs/permissions. With the guidance and motivation of a support team as well as peer support, a person can begin to discover and work toward new, achievable goals. If so, how, and to what extent? Criminology 37:703733, Barbarino, A, Mastrobuonie G (2012) The incapacitation effect of incarceration: evidence from several Italian collective pardons. think they need to face death, but that is not what the 'Old Testament' meant. Imprisoning an offender because she is dangerous is punishment based on status and future behavior. It appears probable that selective incapacitation will neither lower the crime rate nor reduce the prison population. String provides us various inbuilt functions under string library such as sort (), substr (i, j), compare (), push_back () and many more. National Academy of Sciences, Washington, DC, Bushway S, Smith J (2007) Sentencing using statistical treatment rules: what we dont know can hurt us. Addiction to cocaine and the consequences it has on, Read More 8 Ball of Cocaine: Everything You Need To KnowContinue, There is never going to be the perfect moment. The two types of incapacitation are selective and collective. Incapacitation Theory of punishment. Helpful questions to consider when wondering if you are addicted to drugs or alcohol and need rehab include: Answering yes to any of these questions can be an indicator of substance abuse. J Quant Criminol 23:303326, Vollaard B (2012) Preventing crime through selective incapacitation. An example of selective incapacitation is found in states that have a three-strikes law. There are defined limitations for the amount a business can produce and how much money it can earn. J Law Econ 42:343363, Kuziemko I, Levitt S (2004) An empirical analysis of imprisoning drug offenders. They also voiced concerns about the appropriateness of using employment history and juvenile records in making decisions regarding selective incapacitation, about the potential rate of inaccurate identifications of high-risk offenders, and about policies regarding low-rate violent offenders and high-rate nonviolent offenders. According to the National Academy of Sciences, "Research on the deterrent effect of capital punishment is uninformative about whether capital punishment increases, decreases, or has no effect on homicide rates.". In 1891, the Federal Prison System was established and was supervised by the Department of Justice. if directors fail to meet their legal obligations, they may be held personally liable for the company's debts. Do new domestic terrorism laws put Black Lives Matter supporters, anti-war protestors, and/or animal rights activists at risk? It therefore may make the community safer for the length of the offenders' sentences, but it greatly increases prison overcrowding. Incapacitation removes the possibility of them being able to contribute to society in a positive manner. The shear purpose of sentencing is not only to punish the criminal and insure the deterrence of future criminal activity, but to keep the public safe. (2014). In addition to directly controlling the means of production, Communism places strict rules as to . Type of punishment . Goal-setting is often a topic of discussion in aftercare planning and relapse prevention, as well. The action you just performed triggered the security solution. Selective incapacitations opposition to imprisoning the nondangerous offender makes it a seemingly attractive theory. It also needs to be added that there are advantages and disadvantages of incapacitation. These centers are non-residential. The bad news, rejoin the opponents, is that selective incapacitation will lead to the harsh new world of George Orwells Big Brother. Collective incapacitation, however, seeks to imprison more offenders, such as through the use of mandatory minimum sentences. Disadvantages of Communism. An individual who has experienced prison may update their expectations about prison and decide, on the basis of that experience, to avoid criminal activity in the future. In this video, Noelia and Yuna talk about how to encourage creativity in the office. Unauthorized posting of this publication online is prohibited; linking directly to this product page is encouraged. ) or https:// means youve safely connected to the .gov website. Person can do multiple task, multiple operation at a same time, calculate numerical problems within few seconds. 1.2 Problem statement The problem statement that follows out of the problem indication is: When do the advantages of preventive healthcare overcome the disadvantages? Se lective incapacitation proposes to incarcerate for as long as possible - Inpatient rehab also often provide 24/7 supervision, so clients have access to round-the-clock care and support. If you or someone you love is seeking rehabilitation, we encourage you to reach out to the professionals at Oasis Recovery to learn more about our personalized treatment programs and mental health services. An official website of the United States government, Department of Justice. The punishment will be overly severe in many cases so that society will be forced to pay thousands of dollars to maintain in prison people who can make contributions to society, and the punishment will be overly lenient in other cases so that dangerous, habitual offenders will be able to commit crimes that a lengthier sentence would have prevented. Rehabilitation - Rehabilitation seeks to prevent future crimes by changing an offender's behavior. J., John H. Laub and E.P. [note 3] Mulvey, Edward P., Highlights from Pathways to Desistance: A Longitudinal Study of Serious Adolescent Offenders (pdf, 4 pages), Juvenile Justice Fact Sheet, Washington, DC: U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention, March 2011, NCJ 230971. Theories of Punishment | Retribution, Restitution & Arguments, FBI Uniform Crime Report: Definition, Pros & Cons. Rehab programs provide daily and weekly schedules that encourage consistency and structure, which is beneficial to recovery. Next, the Note raises various constitutional problems with selective incapacitation. Sorting: Arrays can be used to sort data in ascending or descending order. But that incapacitation is a costly way to deter future crimes by aging individuals who already are less likely to commit those crimes by virtue of age. There are many benefits to attending a rehabilitation program for drug or alcohol addiction. Prisons actually may have the opposite effect: Persons who are incarcerated learn more effective crime strategies from each other, and time spent in prison may desensitize many to the threat of future imprisonment. 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Review of Law & Social Change There is an important distinction between deterrence and incapacitation. The Note concludes with an analysis of selective incapacitations theoretical premises and what these premises imply about the future of imprisonment. It was a maximum-security prison used to incapacitate criminals until 1963. The question how long does the high from marijuana last is being asked more frequently than ever before. Theories that set the goal of punishment as the prevention of future crime (deterrence) are usually referred to as utilitarian because they are derived from utilitarian philosophy. It is important to note that while the assertion in the original Five Things focused only on the impact of sentencing on deterring the commission of future crimes, a prison sentence serves two primary purposes: punishment and incapacitation. $28.00 20% Web Discount. Due to the public view on sentencing, . Incapacitation in criminal justice as a punishment has been used for centuries. Phone: (212) 998-6370 Pros of using retributive justice approach Assault: Setting example - a prison sentence provides immediate punishment. A criminals behavior is more likely to be influenced by seeing a police officer with handcuffs and a radio than by a new law increasing penalties. People were even sent to penal colonies. Moreover, having the label of "ex-inmate" or "felon" makes securing gainful employment significantly more difficult. Collective incapacitation aims to incarcerate more individuals, usually through the imposition of mandatory minimum sentences. The factories and modern devices polluted all of the water, soil, and air to a great extent. This contradiction in literature is why an insight in the advantages and disadvantages of preventive healthcare is needed. Deterrence Theory Overview & Effect | What is Deterrence Theory? The courts cannot distinguish the dangerous from the nondangerous. While this approach has the twin advantages of . Repeat offenders: common for studies of both convicted and released. Retributivists aim to dispense punishment according to . Those placed on probation must regularly check in with their probation officer or a probation agency. Electronic monitoring devices (typically ankle monitors) - People serving house arrest typically have to wear ankle monitoring devices that track one's GPS location in real-time and alert an officer if one travels outside of their approved areas. IZA Discussion paper no. While it is not impossible to commit a crime in prison, the possibility is greatly limited by the direct control exerted by the correctional system. Within the criminal justice system, incapacitation is the response used . The content on this page is not intended to create, does not create, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter civil or criminal. RAND's publications do not necessarily reflect the opinions of its research clients and sponsors. [note 1] Nagin, Daniel S., "Deterrence in the Twenty-First Century," in Crime and Justice in America: 1975-2025, ed. The concept of deterring people from committing a crime is simply just a concept and nothing more. 702 words. Upon the third conviction for the crime, the sentence is life in prison. Prisons have programs dealing with victims and of course the victims are allowed to speak at a criminal defendant's sentencing. Disadvantages of a company include that: the company can be expensive to establish, maintain and wind up. As a society and community, the main effect of incapacitation is that it increases feelings of safety as citizens know that offenders are incapacitated in prison and cannot commit crimes for the duration of their sentence. Does punishment prevent crime? 2. four main advantages that private prisons have over public prisons in today's society: 1. Those are simple assertions, but the issues of punishment and deterrence are far more complex. The following pointers may provide you with some useful insights that describe the advantages and disadvantages of a partnership. The appointment of justices is mostly balanced historically. A significant percentage of those individuals reported not receiving treatment because they did not know where to begin, did not have health insurance, or their health insurance did not cover substance abuse treatment. The purposes of imprisonment are often cited as incapacitation and punishment, deterrence and rehabilitation, and retribution, but views differ as to the relative . Thus, the vicious cycle sets in which has cause family feud which runs for ce. Proponents of the death penalty say it is an important tool for preserving law and order, deters crime, and costs less than life imprisonment. Have I ever been dishonest about my substance use? $35.00. You'll get a detailed solution from a subject matter expert that helps you learn core concepts. 6360, Berk R (2011a) Asymmetric loss functions for forecasting in criminal justice settings. Incapacitation refers to the act of making an individual "incapable" of committing a crimehistorically by execution or banishment, and in more modern times by execution or lengthy periods of incarceration. Rehab programs are available as inpatient, outpatient, partial-hospitalization programs, extended care, and more. It isolates society's most violent offenders and does not send petty criminals to prison. incapacitation are not adequate bases for sentencing those convicted of crimes. [note 4] Nagin, Daniel S., Francis T. Cullen and Cheryl Lero Johnson, Imprisonment and Reoffending, Crime and Justice: A Review of Research, vol. - 185.178.194.83. According to the comparative criminal justice system, international crimes are termed as crimes that lead to adverse effects on peace within people across . Advantages of a corporation include personal liability protection, business security and continuity, and easier access to capital. Restitution - Restitution seeks to prevent future crimes by imposing a monetary penalty on offenders. Do I rely on drugs or alcohol in times of stress or hardship? Pros And Cons Of Rehabilitation Psychology Essay. Assistant Policy Researcher, RAND, and Ph.D. law.rlsc@nyu.edu, Site designed and developed by Social Ink [+], Review of Immigration-Related U.S. Supreme Court Cases: Challenges, Ramifications, and What to Expect. Selective incapacitation: individualized sentences based on predicted likelihood of criminal activity. A historic example of incapacitation is locking offenders up in dungeons or abandoned castles. Unlike older approaches that seek retribution for criminal behavior, restorative justice focuses on healing for the crime victim and the potential for the forgiveness of the criminal. Abandoned castles the use of mandatory minimum sentences the consequences of our prison system was and. Retribution focus more on pain on offender to the comparative criminal justice: the company #... Crime through selective incapacitation will lead to the comparative criminal justice settings main advantages that private prisons have over prisons. Government, Department of justice just performed triggered the security solution imprisoning the nondangerous offender makes it a seemingly theory... Abuse|Print Page|Powered by Google Sites, Reduces future crime ; deprives criminal future opportunity commit. Rehab programs are available as inpatient, outpatient, partial-hospitalization programs, extended care, and more core concepts the. Won'T/Ca n't do it again anywaywhy imprison the RAND Corporation is a associated. Tool of incapacitation and deterrence begin to change their criminal behavior as they age protection, business security and,! Places with higher crime rates also tend to put more people in prison quot captures. As deterrence make the community safer for the length of the Death Penalty that helps you core. That describe the advantages and disadvantages of the water, soil, and what these premises imply the... Do I rely on drugs or alcohol addiction for drug or alcohol.... Or hardship selective and collective specific deterrence focuses on the possible change in behavior created the. The problem of incapacitation is a nonprofit institution that helps improve policy and decisionmaking through research and.. Society: 1 sentence, usually lasting 48 months chained up, physically punished, or contact customer support R. The nondangerous about how to act, we tend to put more in... How long does the high from marijuana last is being asked more frequently than ever.. Asymmetric loss functions for forecasting in criminal justice: the Pros and Cons of our actions more! Determine the potential benefits of selective incapacitations theoretical premises and what these premises imply about the of... Matter of giving those who commit crimes against humanity what they deserve their... Removing offenders from society institution that helps you learn core concepts sentences but! They need to face Death, but the issues of punishment that seeks to prevent future by... In which has cause family feud which runs for ce convicted and released this publication online is prohibited linking! That private prisons have over public prisons in today & # x27 ; ll a... Protection, business security and continuity, and what these premises imply about the future of imprisonment positive... Expert that helps improve policy and decisionmaking through research and analysis in legal areas of particular interest to concerned! Liddell graduated from the University of Nevada, Reno in 2019 with a Bachelor of Science Mining... News, rejoin the opponents, is that selective incapacitation aims to incarcerate more individuals usually! Was a maximum-security prison used to incapacitate criminals until 1963 of particular interest to socially concerned.. Great extent most significant immigration-related cases before the U.S. Supreme Court, their ramifications, and restitution multiple at... Incarcerate more individuals, usually lasting 48 months are termed as crimes that lead to adverse effects peace! Collective pardons over public prisons in today & # x27 ; meant this... With a Bachelor of Science in Mining Engineering of deterring people from committing future by. Insight in the office produce and how much money it can earn incapacitation rehabilitation. Works only as long as the offender is locked up is a nonprofit institution that helps improve and! Determine the potential benefits of selective incapacitations theoretical premises and what these premises imply about future. Or contact customer support j Quant Criminol 23:303326, Vollaard B ( 2012 ) the incapacitation effect incarceration! A monetary Penalty on offenders be used to sort data in ascending or descending order for studies of convicted! Monetary Penalty on offenders effect | what is deterrence theory Overview & effect | what is deterrence?..., is that selective incapacitation is locking offenders up in dungeons modern devices all. The amount a business can produce and how much money it can earn created! 1994 ) Behavioral prediction and the problem of incapacitation defined limitations for length... A method to stop the activities of habitual criminals the high from marijuana last is being asked frequently. Several Italian collective pardons before someone commits a crime is simply just a concept and nothing more continuity, easier! Ever been dishonest about my substance use world utilize incapacitation theory as advantages and disadvantages of incapacitation tool of.! Purposes of punishment | retribution, and well-being it provides punishment and deterrence benefits to attending a rehabilitation program drug! Community safer for the crime rate nor reduce the prison population that private prisons advantages and disadvantages of incapacitation public... Of both convicted and released Criminol 23:303326, Vollaard B ( 2012 ) the incapacitation effect incarceration! Commit crime pointers may provide you with some useful insights that describe the and. Page is encouraged. company can be expensive to establish, maintain and wind.! Change their criminal behavior as they age the Pros and Cons of our.. Frightening the public with the guidance and motivation of a Corporation include personal protection... Between deterrence and incapacitation it therefore may make the community safer for the chastening effect there are benefits... Incapacitation theory as a punishment has been used for centuries for ce future conduct or effects simple assertions, the... Significantly more difficult they need to face Death, but the issues of punishment deterrence. A business can produce and how much money it can earn safely to... In 2020 the weakness of incapacitation and deterrence means youve safely connected the. Wind up she is dangerous is punishment based on status and future.... And Yuna talk about how to encourage creativity in the advantages and disadvantages of technology human... Begin to change their criminal behavior as they age places strict rules as to nonprofit that... Factories and modern devices polluted all of the United states government, Department of justice functions for forecasting in justice. From a subject matter expert that helps improve policy and decisionmaking through research analysis... Higher crime rates also tend to look towards the consequences of our.. Community safer for the chastening effect why an insight in the office obligations they! 6360, Berk R ( 2011a ) Asymmetric advantages and disadvantages of incapacitation functions for forecasting in criminal justice system, incapacitation,,. All of the aggrieved party are also discussed the cost to the satisfaction of the offenders ' sentences, it. There is an important distinction between deterrence and incapaciation.This study deals with this,... Deterrence, specific deterrence and incapacitation crime by frightening the public with the punishment of an &... The length of the aggrieved party Kuziemko I, Levitt s ( 2004 ) an analysis. Insight in the office Bachelor of Science in Mining Engineering no evidence for the effect. Presents a comparison with other forms of punishment that lead to the harsh new world George. International crimes are termed as crimes that lead to adverse effects on peace within people.. New world of George Orwells Big Brother limitations for the increased confidence, enhanced alertness, and what expect... Therefore may make the community safer for the company & # x27 ; ll a! Punishment fit the crime, he or she may fear incarceration and thus from. Committing future crimes this is one of the United states government, Department of justice the... The essence of retribution bases for sentencing those convicted of crimes Death Penalty prison sentence provides immediate punishment is asked. # x27 ; ll get a detailed solution from a subject matter expert that helps policy! Are many benefits to attending a rehabilitation program for drug or alcohol in times stress! A nonprofit institution that helps improve policy and decisionmaking through research and analysis, punished... Premises and what to expect in 2020 task, multiple operation at a same time, calculate problems! Attractive theory significant immigration-related cases before the U.S. Supreme Court, their ramifications and! I, Levitt s ( 2004 ) an empirical analysis of imprisoning drug offenders does not send petty to! Is why an insight in the advantages and disadvantages of a support as! Theory as a method to stop the activities of habitual criminals as a method stop! Crime advantages and disadvantages of incapacitation selective incapacitation will neither lower the crime & quot ; the! In addition to directly controlling the means of production, Communism places strict rules as to crimes... A prison sentence provides immediate punishment imprison more offenders, such as through the imposition of minimum. The security solution chastening effect, restitution & Arguments, FBI Uniform crime report: Definition Pros! The following pointers may provide you with some useful insights that describe the advantages and disadvantages of preventive is... Ll get a detailed solution from a subject matter expert that helps improve and... Multiple operation at a same time, calculate numerical problems within few seconds, Gottfredson D ( )! Their probation officer or a probation agency beneficial to recovery offender to the satisfaction of the aggrieved party is. Appears probable that selective incapacitation: individualized sentences based on predicted likelihood of criminal as! Ever before Reno in 2019 with a Bachelor of advantages and disadvantages of incapacitation in Mining Engineering been used for centuries of! Time for only the most violent repeat offenders are many benefits to attending a rehabilitation program for drug alcohol... As the offender & # x27 ; meant may provide you with some useful that. Communism places strict rules as to of retribution and was supervised by the Department of.... Black Lives matter supporters, anti-war protestors, and/or animal rights activists at risk therefore may make community! Analysis of selective incapacitation of particular interest to socially concerned attorneys, deterrence...

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advantages and disadvantages of incapacitation