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Volokh, Eugene wrote:

    >>Rather, the conviction for the crime gives society certain information -- information that the person has done something bad, information that he is likely a continuing threat (hence the incapacitation justification for imprisonment), and information that he is not a trustworthy sort of person.  We may for various reasons (justice, mercy, a desire to save money) release the person from prison after some number of years.  But that doesn't mean that we must somehow forget the information we learned about him, and stop acting on that information.  We may decide not to let him own guns, or vote, or be employed in certain jobs, or whatever else.  And metaphors about "paying a debt to society" should, I think, be irrelevant to this analysis.<<
 

              But the fact that the person has served his sentence and no longer has any probation conditions attached  constitutes a considered judgment by the criminal justice system that he is NOT a continuing threat--otherwise, incapacitation reasons would justify a longer sentence, a longer probation period, etc.

    

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