The most serious criticism of selective incapacitation of violent offenders is ethical; that is, sentencing exclusively according to risk is said to violate fundamental legal principles by allocating punishment based on expected future behaviour.

Question

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Selective incapacitation focuses on the likelihood of future offenses rather than the severity of the past crime, raising ethical concerns about fairness and the principle of punishing individuals for actions they have not yet committed.

The Most Serious Criticism of Selective Incapacitation of Violent Offenders