Prevention and the Limits of the Criminal Law
Andrew Ashworth, Lucia Zedner, Patrick Tomlin
OUP Oxford, Jan 31, 2013 - Law - 320 pages
Exploring the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual, this volume arises from a three-year study of Preventive Justice. The contributions examine whether and when preventive measures are justified, whether within or outwith the criminal law, and whether they signal a larger change in the architecture of security. Preventive measures include controversial crime control approaches such as pre-inchoate offences, pre-trial detention, restraining orders, and prevention detention of the dangerous. There are good reasons to justify state use of coercion to protect the public from harm, but while the rationales and justifications for state punishment have been extensively explored, the scope, limits, and principles of preventive justice have not received the same attention. This volume, written by world renowned scholars from different disciplinary backgrounds and jurisdictions, redresses the balance, assessing the foundations for the range of coercive measures that states now take in the name of prevention and public protection.
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agency Andrew Ashworth argue argument ASBOs Ashworth assess autonomy behaviour cited cited in n citizens civil claim commit complex nonconsummate offences conception conduct consequentialist constitutional context control orders convicted Court crime criminal justice criminal law dangerous defendant democratic detain Dubber due process duty ECHR example freedom future harm human rights Husak imposed incapacitation inchoate offences individual judges justificatory justified Law Review legislation legitimacy liability liberty limited mass preventive justice moral normative one’s peace penal person police political positive liberty predict preinchoate offences presumption of innocence pretrial detention preventionism preventive confinement preventive detention preventive measures principle problem procedural protections proportionality constraint punitive preventive question RA Duff reason regime representative democracy requirement responsible restraining orders restrictions risk rule of law sanctions selfgovernment sentence social speed cameras state’s statute substantive suspected Tadros terrorism terrorist theory treat trial ulterior intent violations wrong Zedner