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Topic: Incapacitation

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	Encyclopedia: Incapacitation
		Incapacitation - A criminal justice philosophy that views the primary purpose of the criminal justice system as preventing criminal offenders from committing further crimes against the public by putting them in prison.
		Chemical incapacitants are clearly in the same category with respect to their lethality: There is no basis whatsoever for calling them nonlethal or less lethal or any of the other euphemisms that proponents use to imply a categorical difference.
		The intent of chemical incapacitants is, after all, to temporarily incapacitate victims, and their high lethality (compared with riot control agents) makes it clear that they are toxic chemicals.
	www.nationmaster.com /encyclopedia/Incapacitation (337 words)

	Incapacitation (Site not responding. Last check: 2007-11-05)
		Executions maximize public safety through a form of incapacitation and deterrence.
		Incapacitating a person is depriving s/he of the physical or intellectual power of natural of il/legal qualifications (Webster, 574).
		Opponents of the death penalty will argue that although it is said to exist as a crime deterrent, in reality it has no effect on crime at all.
	www.cwrl.utexas.edu /~tonya/spring/cap/pro3.htm (158 words)

	[No title] (Site not responding. Last check: 2007-11-05)
		Incapacitation is the clearest theoretical advantage of imprisonment over penal sanctions that do not require physical confinement, such as probation, fines, and community service orders.
		The median incapacitation estimate of the 40 projections is between 3.2 and 3.9 fewer crimes per additional person-year of incarceration.
		If incapacitation is the major explanation for the decreasing rates of burglary, the rate of burglary should be reduced more substantially in those population groups among whom incarceration increased the most.
	www.ucop.edu /cprc/zimring.html (5539 words)

	Incapacitation, Concentration, and Juvenile Crime (Site not responding. Last check: 2007-11-05)
		The cost to society of allowing one youth to leave high school for a life of crime is estimated to range from $1.7 to $2.3 million.
		Incapacitation, Concentration, and Juvenile Crime (NBER Working Paper No. 9653), Brian Jacob and Lars Lefgren examine the effect of school attendance on juvenile crime.
		The incapacitation model assumes that when juveniles are provided with structured or monitored activities, they are less likely to engage in anti-social behaviors such as property crime.
	www.nber.org /digest/oct03/w9653.html (546 words)

	The Dubious Quick Kill, Part II
		While two were quickly incapacitated, the remaining five were not, and of these one, despite a two-centimeter incision in the left ventricle, walked a full city block, armed himself with a broken beer bottle, and collapsed only after he returned to the scene of the crime to re-engage the individual who had stabbed him.
		Dorset's wound was, indeed, serious for his complete incapacitation followed immediately afterward; as is evidenced by the necessity of one of his seconds to intervene to defend him as one of Lord Bruce's friends, in a moment of uncontrolled temper, attempted to dispatch Dorset where he lay.
		While severe pain is usually incapacitating, the stress of combat may mask the pain of gravely serious wounds, enabling the determined duelist to remain on the ground for a considerable length of time.
	www.classicalfencing.com /articles/kill2.shtml (5837 words)

	The New York Review of Books: PRISONS & PUNISHMENT
		In fastening onto incapacitation as their proposed criterion for incarceration, Sherman and Hawkins implicitly subordinate the importance of theories of penal justification generally, including retribution specifically.
		Incapacitation is, finally, a description of how we punish a subset of those we convict, not a justification of why we punish in the first place.
		The academic proponents of incapacitation must beware of political betrayal no less than the idealistic advocates of desert, whose definite-sentencing proposals have in some states been distorted by opportunistic politicians into instruments of revenge, not retribution.
	www.nybooks.com /articles/6490 (925 words)

	Keep and Bear Arms - Gun Owners Home Page - 2nd Amendment Supporters
		Absent that, incapacitation is subject to a host of variables, the most important of which are beyond the control of the shooter.
		Failure to incapacitate is rare in such a case, but it can happen, and in fact has happened on the battlefield.
		All other reactions are failures to incapacitate, evidencing the ability to act with volition, and thus able to choose to continue to try to inflict harm.
	www.keepandbeararms.com /information/XcIBViewItem.asp?ID=1055 (6807 words)

	USAF Flight Surgeon's Guide: Chapter 11 (Site not responding. Last check: 2007-11-05)
		The symptoms may lead to sudden incapacitation and may result in significant residual disability, be it in the language, intellectual, or sensorimotor functions.
		Hemorrhagic cerebral events may also be the cause for sudden incapacitation and, although pilots have not been reported to have suffered this in flight, the potential for this from causes other than aneurysm is real.
		Prognosis is, nevertheless, one of recurrence, with the obvious incapacitating effects of a severe headache with neurologic manifestations.
	wwwsam.brooks.af.mil /af/files/fsguide/HTML/Chapter_11.html (8041 words)

	[No title]
		There is little doubt that the idea of incapacitating criminals has captured the imagination, if not the pocket books, of the American people and many of their representatives.
		He distinguishes between "collective incapacitation," (addressed in Chapter 6), where the focus is on the crime-control effects, due to incapacitation, of the present criminal justice system, and "selective incapacitation," (addressed in Chapter 7), where the focus is on efforts to increasingly target specific types of offenders.
		A policy of selective incapacitation could very easily be formulated to target offenders who commit robbery or burglary where there appears to be some involvement with drugs, such as crack cocaine.
	www.bsos.umd.edu /gvpt/lpbr/subpages/reviews/spelman.htm (1011 words)

	DeltaForce.com
		The desired effect should be incapacitation of the intended subject to a point which allows the defender to take control of the situation, and make a decision on what follow up actions are required.
		INCAPACITATION MECHANISM: The PWER PUNCH launches a pliable ballistic bag filled with 26 grams of lead shot, producing controlled and direct incapacitation by blunt impact trauma - resulting from the transfer of 90 to 120 foot pounds of energy based on muzzle velocity of 200 to 250 per second.
		INCAPACITATION MECHANISM: The TRI-DENT fires 3 each, 46 grain rubber projectiles, controlled and directed incapacitation by blunt impact and excruciating pain through the transfer of 20 foot pounds of energy by each projectile for a total of 60 foot pounds of energy when all three strike the intended target.
	www.deltaforce.com /catalog/lesslethalammo.html (945 words)

	Lawlink NSW: B25 - The Limits of Incapacitation as a Crime Control Strategy
		By selective incapacitation, we mean the prevention of crime through physical restraint of persons selected for confinement on the basis of a prediction that they, and not others, will engage in forbidden behaviour in the absence of confinement.
		The incapacitative effect of the existing imprisonment policy was estimated to be from 1.2 to 8.0 per cent of the estimated 8.34 million index crimes in 1965.
		Her estimate of the incapacitative effect of a five-year mandatory prison term after any conviction for a criterion offence was 13.7 per cent of the criterion arrests in 1973.
	www.lawlink.nsw.gov.au /bocsar1.nsf/pages/cjb25text (7991 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		That the defendant, Dorothy Jones was either unable to control her automobile because of this medically caused incapacitation, or that she was not capable of sense perception or judgment necessary for proper operation of her vehicle due to the medically caused incapacitation.
		sudden incapacitation, (2) that this incapacitation was unforeseeable to [defendant], (3) that [defendant] was unable to control [her] vehicle because of this incapacitation, and (4) that this sudden incapacitation caused the accident.
		The trial court instructed the jury that defendant must be unable to control the vehicle because of the sudden incapacitation, " or that she was not capable of sense perception or judgment necessary for proper operation of her vehicle due to the medically caused incapacitation." (Emphasis added).
	caselaw.lp.findlaw.com /scripts/getcase.pl?court=nc&vol=appeals98/appeals0707/&invol=word (1870 words)

	From: Todd Clear and George Cole
		Any sentence that physically restricts an offender can have an incapacitating effect, even when the underlying purpose of the sentence is retribution, deterrence, or rehabilitation.
		Under the incapacitation theory, for example, a woman who kills her abusive husband as an emotional reaction to his verbal insults and physical assaults could receive a light sentence.
		Because the theory looks at aggregates ‑ the total harm of a certain type of crime versus the total suffering to be inflicted to reduce its incidence‑ policymakers may tend to focus on "cost‑benefit" comparisons, disregarding serious issues of justice, individual freedom, and civil liberties.
	www.criminology.fsu.edu /transcrime/articles/selective.htm (535 words)

	Incapacitation Pay Page (Site not responding. Last check: 2007-11-05)
		The incapacitation pay program is designed to provide compensation for soldiers who are disabled while on authorized military duty as a result of an approved line of duty.
		Also, soldiers who suffer a loss of nonmilitary income as the result of an LOD injury or illness may be entitled to the lesser of military pay and allowances for their grade and years of service or the demonstrated amount of nonmilitary compensation lost.
		Soldiers who are incapacitated will be coded "H" on the DA Form 1379 for drill.
	www.neguard.com /dpa/HSS/IncapacitationPay.htm (292 words)

	An Analysis of In-Flight Impairment and Incapacitation in Fatal General Aviation Accidents (1990-1998) - Report Abstract
		In-flight impairment and incapacitation are defined as states wherein the pilot's ability to effectively control the aircraft is adversely affected.
		The purpose of the present study was to examine the characteristics of fatal general aviation accidents associated with impairment and incapacitation.
		Some disparities were observed between the prevalence of alcohol in toxicology samples and alcohol impairment being cited in the accident report as a contributory factor.
	www.beta-research.com /r0671202abstract.html (325 words)

	Ballistics (Site not responding. Last check: 2007-11-05)
		With the exceptions of hits to the brain or upper spinal cord, the concept of reliable and reproducible immediate incapacitation of the human target by gunshot wounds to the torso is a myth.
		However, except for the location of the wound and the amount of tissue destroyed, none of the factors are within the control of the law enforcement officer.
		The effects of pain, which could contribute greatly to incapacitation, are commonly delayed in the aftermath of serious injury such as a gunshot wound.
	www.ballistics.com.ru /ht.html (1036 words)

	DUNCAN MACPHERSON: AN INTERVIEW
		Bullet Penetration summarizes most of what is known about wound ballistics that relates to incapacitation from handgun bullet trauma, and more importantly, gives a model of bullet penetration in soft tissue.
		This bullet penetration model is a true technical advance in that it provides new analytical capabilities and insights, and is already being used by at least some ammunition manufacturers in ammunition development.
		Incapacitation will not necessarily cause death (e.g., quadriplegics can live indefinitely).
	mcadams.posc.mu.edu /russ/testimony/macpher.htm (1532 words)

	CNS STORY: Church unprepared for papal incapacitation, canon lawyers say
		The reason, according to one canonist in Rome, is the difficulty in devising a process that can respond to concrete situations of mental or physical incapacity without being subject to political pressures.
		The problem with such a letter is that someone else would have to decide when to pull it out of the drawer and apply it, said one canon law expert at a Rome university.
		Like the issue of papal incapacitation, resignation is such a sensitive issue at the Vatican right now that few church officials will openly discuss it.
	www.catholicnews.com /data/stories/cns/0501242.htm (763 words)

	Minnesota Statutes 2005, 624.731
		(b) "electronic incapacitation device" means a portable device which is designed or intended by the manufacturer to be used, offensively or defensively, to temporarily immobilize or incapacitate persons by means of electric pulse or current, including devices operating by means of carbon dioxide propellant.
		(b) A person may possess and use an electronic incapacitation device in the exercise of reasonable force in defense of the person or the person's property only if the electronic incapacitation device is labeled with or accompanied by clearly written instructions as to its use and the dangers involved in its use.
		Tear gas, tear gas compounds, and authorized tear gas compounds shall not be classified as an obnoxious or harmful gas, fluid, or substance under section 624.732.
	www.revisor.leg.state.mn.us /stats/624/731.html (1162 words)

	Chapter 9 (Site not responding. Last check: 2007-11-05)
		Further support for the benefits of incapacitation as a correctional strategy came from the proposal that, although there were enormous costs to incarcerating large numbers of felons, there were also substantial costs if they were released and continued to commit crimes (in terms of such factors as criminal processing, loss to victims, etc.) (Zedlewski 1987).
		In support of the selective incapacitation sentencing policy, Greenwood and Abrahamse (1982) argued that increasing the length of time served by the predicted high-rate offenders while at the same time reducing the time served by those who were predicted to be low-rate offenders could reduce crime rates without a corresponding increase in prison populations.
		They estimate that the incapacitation effects during periods of low incarceration rates are probably much greater than previously estimated, and that the increasing numbers of offenders being incarcerated today bring only marginal returns for incapacitation effects.
	www.ncjrs.gov /works/chapter9.htm (17652 words)

	EconPapers: Why Do Increased Arrest Rates Appear to Reduce Crime: Deterrence, Incapacitation, or Measurement Error?
		To differentiate between deterrence and incapacitation, the impact of changes in the arrest rate for one crime on the rate of other crimes is examined.
		In contrast to the effect of increased arrests for one crime on the commission of that crime, where deterrence and incapacitation are indistinguishable, it is demonstrated that these two forces act in opposite directions when looking across crimes.
		Incapacitation suggests that an increase in the arrest rate for one crime will reduce all crime rates; deterrence predicts that an increase in the arrest rate for one crime will lead to a rise in other crimes as criminals substitute away from the first crime.
	econpapers.repec.org /paper/nbrnberwo/5268.htm (475 words)

	Nat' Academies Press, Understanding and Preventing Violence, Volume 4: Consequences and Control (1994)
		Aside from retribution (or punishment), incarceration also serves crime control purposes, operating directly through incapacitation to prevent crimes by those incarcerated offenders who are physically removed from the community, or indirectly through the deterrence (i.e., inhibiting) effects of threatened incarceration on offenders who are not now in prison.
		Incapacitation and deterrence interact in important ways to reduce the overall level of crime.
		Incapacitation estimates, by contrast, fail to incorporate deterrence effects that may substantially reduce the individual offending levels from which incapacitation is measured.
	www.nap.edu /books/0309050790/html/321.html (605 words)

	Crime and Incarceration Rates (Site not responding. Last check: 2007-11-05)
		Both collective and selective incapacitation studies are often based on mathematical models that estimate individual criminal activity within a "criminal career." For example, a researcher might estimate that a particular type of criminal commits ten crimes a year.
		The incapacitative effect is also a function of the number of years remaining in an offender's criminal career, the length of the incapacitation period, the individual crime rate, the probability of arrest, the probability of conviction and incarceration, and the average sentence length
		Selective incapacitation is not realistic because the size of the crime problem in the United States is just too large, we have no way to accurately identify career criminals, and the effect on the general crime problem would not be as dramatic as the effect on public expenditures for additional prisons (Lauen, 1988: 16).
	www.fcc.state.fl.us /fcc/reports/rates/rate.html (8070 words)

	North Carolina Appellate Court Cases - Opinions of Court Case Law from NC - North Carolina Court - unoffical reports - ...
		While unconsciousness may be more easily understood and applied to measure sudden medical incapacitation, the crux of the defense is that a defendant by reason of sudden incapacitation becomes unable to control the vehicle.
		Plaintiff objected to the instructions on the affirmative defense of sudden incapacitation based on the form of the proposed jury instructions and on the grounds that the evidence did not support submission of the defense.
		Whether a defendant suffered a sudden, unforeseen incapacitation is a matter of proof; and determination of that question should be no more difficult for a jury than is the determination of a myriad of other factual questions requiring jurors to discriminate between conflicting expert testimony and conflicting non expert testimony.
	www.romingerlegal.com /northcarolina/HTML/336-98-1.htm (2989 words)

	ShockRounds: Overview (Site not responding. Last check: 2007-11-05)
		In addition, there are often tactical reasons for non-lethal incapacitation, for example, in police and anti-terrorism operations where it is desirable to keep captives alive for later interrogation.
		Rubber bullets are reasonably effective within their optimum range but they are the subject of concern due to a significant incidence of severe injury to vulnerable body regions which can lead to substantial injury and sometimes death.
		ShockRounds&trade more rapid incapacitation effect by adding electrical charge to metal bullets is expected to increase safety levels for individual enforcement officers as the threat of retaliation or return fire can be effectively and dramatically reduced.
	www.shockrounds.com /shock/p2.html (1979 words)

	Crime and Justice Abstracts: Vol. 5 (1983) (Site not responding. Last check: 2007-11-05)
		A number of estimates of incapacitative effects from incarceration of convicted offenders are available.
		Recent efforts to use predictions of individual crime rates as a basis for selective incapacitation are plagued by ethical and empirical problems.
		This approach may achieve differential incapacitation effects while avoiding many of the ethical and empirical problems posed by sentencing policies that employ individual-Ievel predictions to distinguish among offenders.
	www.journals.uchicago.edu /CJ/abstracts/CJv5p1abstract.html (254 words)

	[No title] (Site not responding. Last check: 2007-11-05)
		A character's incapacitation level is equal to her Bod:Con plus her Mnd:Wil.
		If lethal damage alone equals or exceeds her incapacitation level, she is mortally wounded or revivifiably dead; if the lethal damage reaches twice her incapacitation level, she is permanently dead.
		With named characters having an incapacitation level of at most 15-20, something is clearly needed to keep them from dying off the instant combat is joined.
	www.idiom.com /~trip/gaming/homebrew/damage.html (636 words)

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