2/5: Decapitating, Incapacitating, Incarcerating, Detaining: The list goes on.

2/5: Decapitating, Incapacitating, Incarcerating, Detaining: The list goes on.

#2: Incapacitation

"In criminal law, incapacitation is the act of rendering an individual incapable of committing future crimes. Historically, this was accomplished by either execution or banishment. In modern times, this is typically accomplished by incarceration, although capital punishment is still used in some cases. For incapacitation to effectively decrease crime rates, it relies on the assumption that once an individual has committed a crime, they are more likely to commit another crime in the future." - https://www.law.cornell.edu/index.php/wex/incapacitation


Criminal Treatment:

As mentioned, incapacitation is pretty self explanatory in the criminal context. Through physical detaining and incapacitating, wether through jails or prisons, individuals are ultimately physically incapable of committing future crimes/ hurting others, for the duration of their stay. Much of the criminal legal system shifts its focus to limiting recidivism (re-offense).

In the past, this was done through beheading (decapitating), etc. and other violent repercussions, grouped into execution and banishment.

The idea was: no person = no re-offense; pretty straightforward.



Psychiatric Treatment:

Psychiatric treatment works slightly differently. For a lot of psychiatric patients and detaining, suicidal ideation, attempts, overdoses, etc. are commonplace. So as to say-death is not the solution. Ultimately, psychiatric facilities employ careful observation of patients under 5150 or 5250 (see below), until they are deemed safe to leave.

However, recidivism is still a concern. From patient safety, to medical liability to malpractice and negligence, psychiatric wards dedicate themselves to rehabilitation (addressing underlying issues), forms of therapy, and medication; in order to address issues in an effective way, patients are under surveillance. This form of incapacitation additionally hopes to render us incapable of re-attempting, out of natural assumption that psychiatric conditions such as schizophrenia, postpartum depression, substance use, major depressive disorder, bi-polar, PTSD, among others, are highly correlated to suicide and self harm attempts, and relapsing is more common than you think.


Some ways they ensured this: scheduled medication times, no locks, ankle/ wrist monitors, cameras, 24 hour staff in shifts of 8, discouragement of staying in bedrooms alone, skin checks and blood tests, no unsafe clothes (or shoes) with strings, no sharp objects, etc.

Fun fact: In most cases, these are involuntary holds, especially if you do not admit yourself, and are admitted by police, health professionals, or someone else that expresses concern. You are still required to sign forms that signal your compliance, as well as waiving your right to own or operate a firearm for 5 years (first admission), and indefinitely (second admission in a year-long period!).



Whether criminal or psychiatric, incapacitation works to render individuals incapable of future offenses. Entirely incapable is a stretch, and simply not realistic. Many instances of incapacitation work to psychologically help keep individuals from relapsing or re-offending. This is known as deterrence (Part 3!).

It originally started as a military strategy.



Additional Resources:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC&sectionNum=5150

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC&sectionNum=5250

https://www.simmrinlawgroup.com/faqs/whats-the-difference-between-5150-and-5250/

https://www.disabilityrightsca.org/system/files/file-attachments/560801Ch1.pdf


要查看或添加评论,请登录

Neha Agrawal的更多文章