Glossary entry

English term or phrase:

incapacitation

English answer:

loss of physical or mental ability

Added to glossary by B D Finch
Jul 9, 2011 09:57
13 yrs ago
9 viewers *
English term

incapacitation

English Social Sciences Law (general) incapacitation
Hello everyone,

There may be cases in which the nature of the index offence was such that the circumstances leading to it are very unlikely to be repeated. Or there may be factors about the offender's own circumstances at the time of release which allows the relevant authority to conclude that the risk of future offending is acceptably small. Such factors may include, for example, ill health, ***incapacitation*** or genuine religious conversion (which may of course in itself be difficult to assess). It also has to be recognised that the existence of any of these factors does not necessarily preclude the risk of serious re-offending. Each case must be decided on its merits

According to the dictionary, "incapacitation" means that a person is deprived (by sombody) of an apility, strength or the legal power

http://dictionary.reference.com/browse/incapacitation

But what does "incapacitation" implies in this case? Does it mean that a prisoner lost his/her ability/strength due to some reason? If so, why is "ill health" mentioned?

Thank you.
Change log

Jul 12, 2011 14:23: B D Finch Created KOG entry

Responses

+7
2 hrs
Selected

loss of physical or mental ability

Incapacity is not just loss of mobility. In this case, it would be loss of the physical or mental capacity to reoffend.
Peer comment(s):

agree Jennifer Levey : Yes - it covers both kinds of disability.
48 mins
Thanks mm
agree Trudy Peters
1 hr
Thanks Trudy
agree Tina Vonhof (X)
2 hrs
Thanks Tina
agree Joshua Wolfe
4 hrs
Thanks Joshua
agree Stephanie Ezrol
23 hrs
Thanks Stephanie
agree Phong Le
1 day 11 hrs
Thanks Phong Le
agree Thuy-PTT (X)
1 day 21 hrs
Thanks Thuy
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4 KudoZ points awarded for this answer. Comment: "Many thanks to everyone. Thank you, B D Finch."
+2
6 mins

loss of mobility

X was incapacitated means that they have lost normal mobility

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Note added at 8 mins (2011-07-09 10:05:03 GMT)
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Loss of mobility or ability to function normally. Generally due to accidents - e.g. http://americasforum.com/content/chavez-admits-he-was-incapa...
Peer comment(s):

agree Allison Wright (X) : Precisely. One can be incapacitated because of two broken legs, for example, but be in perfectly good health otherwise!
36 mins
agree Sheila Wilson : although as BD mentions, it could include loss of mental ability. Certainly can't imagine too many quadraplegics being done for GBH
5 hrs
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23 mins

legal ineligibility

One of the meanings of the verb "incapacitate" is
"To make legally ineligible, disqualify".


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Note added at 29 mins (2011-07-09 10:26:25 GMT)
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The term "legal ineligibility" gives 503 Google hits.
Peer comment(s):

neutral B D Finch : Makes no sense in the context!
1 hr
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1 day 7 hrs

incapacity

As Black's says:
Lack of mental or physical capacity
Lack of ability to have certain legal consequences attach to one's action; The state of being disabled or lacking legal capacity
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