The challenges of Thought "Selective Incapacitation" of Criminals

New penology has introduced its most important product with the name of selective inacapacitation for surveillance، control and management of high risk criminal. The presumotion of this policy is the committment of most crimes by small groups of criminals who have received the lable of high risking. This approach for achieving its goals، by using prediction tools، has proceeded to select، classify and incapacitate of this group of criminals. It is alleged that selective incapacitation has resulted in decreasing crime rates، prison populations and costs. This article is an effort to show other realities; Realities such as objectivity seeing criminal، infringing the principle of proportionality، mistaking in predicting high risk criminals and reversaling the right of autonomy have challenged the legitimacy of this policy. Reducing in crime rates، prison populations and costs as the main aspiration of this policy has not yet been occurred. In addition، the regulations of Recidivism in perspective of selective incapacitation have been investigated in new Islamic penal code.