Legal Definitions - preventive punishment

Preventive punishment refers to legal measures or sanctions imposed not primarily to exact retribution for a past offense, but with the main goal of preventing future crimes or harm. This can involve incapacitating an offender, deterring them from re-offending, or deterring others in society from committing similar acts.

• Example 1: Extended Incapacitation for Repeat Offenders

  A person with a long history of violent offenses, despite receiving various sentences in the past, commits another serious assault. A court might impose an exceptionally long prison sentence, even beyond what might be considered purely proportional to the latest crime, with the explicit aim of keeping that individual away from the public for an extended period to prevent further harm. This sentence serves as a preventive measure by incapacitating the offender.

• Example 2: Post-Release Conditions for Specific Prevention

  After serving a prison sentence for a financial fraud scheme, a former executive is released on parole. As part of their parole conditions, the court mandates that they cannot hold any position of financial trust or manage corporate funds for a specified number of years. This condition is not additional punishment for the crime already served, but a direct preventive measure designed to stop them from engaging in similar fraudulent activities in the future.

• Example 3: Civil Commitment for Dangerous Individuals

  In some jurisdictions, individuals deemed to be sexually violent predators may, after completing their criminal sentences, be subject to civil commitment in a secure facility. This is not a criminal punishment for a past crime, but a civil legal process based on a finding that the individual poses a high risk of re-offending and is likely to commit future acts of sexual violence. The commitment is a preventive measure to protect the community from potential future harm.