Preventive Justice
Preventive Justice

Author: Andrew Ashworth

Publisher: OUP Oxford

Published: 2014-03-27

Total Pages: 380

ISBN-13: 0191021059

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This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.

Prevention and the Limits of the Criminal Law
Prevention and the Limits of the Criminal Law

Author: Andrew Ashworth

Publisher: OUP Oxford

Published: 2013-01-31

Total Pages: 1171

ISBN-13: 0191630756

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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.

Juveniles at Risk
Juveniles at Risk

Author: Christopher Slobogin

Publisher: Oxford University Press

Published: 2011-08-01

Total Pages: 210

ISBN-13: 019977840X

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In this book, Slobogin and Fondacaro present their vision for a new juvenile justice system, founded on the evidence at hand and promoting the principles of rehabilitation and reintegration into society. The authors develop their juvenile justice policy proposals effectively by carefully addressing the problems with past policy approches and recent theoretical contributions.

Regulating Preventive Justice
Regulating Preventive Justice

Author: Tamara Tulich

Publisher: Routledge

Published: 2017-01-20

Total Pages: 254

ISBN-13: 1317218558

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Like medicine, law is replete with axioms of prevention. ‘Prevention is better than cure’ has a long pedigree in both fields. 17th century jurist Sir Edward Coke observed that ‘preventing justice excelleth punishing justice’. A century later, Sir William Blackstone similarly stated that ‘preventive justice is ...preferable in all respects to punishing justice’. This book evaluates the feasibility and legitimacy of state attempts to regulate prevention. Though prevention may be desirable as a matter of policy, questions are inevitably raised as to its limits and legitimacy, specifically, how society reconciles the desirability of averting risks of future harm with respect for the rule of law, procedural fairness and human rights. While these are not new questions for legal scholars, they have been brought into sharper relief in policy and academic circles in the wake of the September 11 terrorist attacks. Over the past 15 years, a body of legal scholarship has tracked the intensified preventive focus of anti-terrorism law and policy, observing how this focus has impacted negatively upon traditional legal frameworks. However, preventive law and policy in other contexts, such as environmental protection, mental health, immigration and corruption has not received sustained focus. This book extends that body of scholarship, through use of case studies from these diverse regulatory settings, in order to examine and critique the principles, policies and paradoxes of preventive justice. "Whereas earlier scholars looked upon preventive justice as a source and means of regulation, the powerfully argued contributions to this volume provide forceful reasons to consider whether we would do better talk about regulating preventive justice." Professor Lucia Zedner, Oxford University

Preventing Crime
Preventing Crime

Author: Tore Bjørgo

Publisher: Springer

Published: 2016-01-26

Total Pages: 418

ISBN-13: 1137560487

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Traditional "schools" of crime prevention, like the criminal justice model, social crime prevention or situational crime prevention, have proved to be too narrow and do not combine well with other approaches. However, each of these models provides important insights and contributions for reducing crime. By extracting the main preventive mechanisms of these diverse approaches, this book develops a more holistic, general model that consists of nine preventive mechanisms: building normative barriers to crime, reducing recruitment, deterrence, disruption, incapacitation, protecting vulnerable targets, reducing benefits of crime, reducing harm, and facilitating desistance. The measures to activate the preventive mechanisms may differ according to the type of crime, as may the actors in charge of implementing the relevant measures. However, Tore Bjørgo demonstrates how his model of crime prevention can be effectively applied to diverse forms of crime, from domestic burglaries to criminal youth gangs and driving under the influence to organized crime and terrorism. In doing so, this important book will be of interest to scholars and students of policing, security studies and criminology, as well as practitioners and policy-makers.

The Preventive Turn in Criminal Law
The Preventive Turn in Criminal Law

Author: Henrique Carvalho

Publisher: Oxford University Press

Published: 2017

Total Pages: 225

ISBN-13: 0198737858

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Engaging with contemporary literature on criminal law, prevention, risk, security, and criminalisation, this volume argues that the pervasiveness of prevention in 21st century criminal justice systems represents the manifestation of essential aspects of the liberal legal and political tradition.

Juvenile Crime, Juvenile Justice
Juvenile Crime, Juvenile Justice

Author: Institute of Medicine

Publisher: National Academies Press

Published: 2001-06-05

Total Pages: 405

ISBN-13: 0309172357

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Even though youth crime rates have fallen since the mid-1990s, public fear and political rhetoric over the issue have heightened. The Columbine shootings and other sensational incidents add to the furor. Often overlooked are the underlying problems of child poverty, social disadvantage, and the pitfalls inherent to adolescent decisionmaking that contribute to youth crime. From a policy standpoint, adolescent offenders are caught in the crossfire between nurturance of youth and punishment of criminals, between rehabilitation and "get tough" pronouncements. In the midst of this emotional debate, the National Research Council's Panel on Juvenile Crime steps forward with an authoritative review of the best available data and analysis. Juvenile Crime, Juvenile Justice presents recommendations for addressing the many aspects of America's youth crime problem. This timely release discusses patterns and trends in crimes by children and adolescentsâ€"trends revealed by arrest data, victim reports, and other sources; youth crime within general crime; and race and sex disparities. The book explores desistanceâ€"the probability that delinquency or criminal activities decrease with ageâ€"and evaluates different approaches to predicting future crime rates. Why do young people turn to delinquency? Juvenile Crime, Juvenile Justice presents what we know and what we urgently need to find out about contributing factors, ranging from prenatal care, differences in temperament, and family influences to the role of peer relationships, the impact of the school policies toward delinquency, and the broader influences of the neighborhood and community. Equally important, this book examines a range of solutions: Prevention and intervention efforts directed to individuals, peer groups, and families, as well as day care-, school- and community-based initiatives. Intervention within the juvenile justice system. Role of the police. Processing and detention of youth offenders. Transferring youths to the adult judicial system. Residential placement of juveniles. The book includes background on the American juvenile court system, useful comparisons with the juvenile justice systems of other nations, and other important information for assessing this problem.

Preventive Justice
Preventive Justice

Author: Andrew Ashworth

Publisher: Oxford University Press, USA

Published: 2014

Total Pages: 327

ISBN-13: 0198712529

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Preventative Justice looks at the use of coercive preventive measures by the state, both within and beyond criminal law. Examining preventive laws, measures, and institutions in and outside the criminal law, it explores the justifications given for using coercion to protect the public from harm.

Deterrence and Crime Prevention
Deterrence and Crime Prevention

Author: David M. Kennedy

Publisher: Routledge

Published: 2012-08-06

Total Pages: 242

ISBN-13: 1135976309

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Deterrence is at the heart of the preventive aspiration of criminal justice. Deterrence, whether through preventive patrol by police officers or stiff prison sentences for violent offenders, is the principal mechanism through which the central feature of criminal justice, the exercise of state authority, works – it is hoped -- to diminish offending and enhance public safety. And however well we think deterrence works, it clearly often does not work nearly as well as we would like – and often at very great cost. Drawing on a wide range of scholarly literatures and real-world experience, Kennedy argues that we should reframe the ways in which we think about and produce deterrence. He argues that many of the ways in which we seek to deter crime in fact facilitate offending; that simple steps such as providing clear information to offenders could transform deterrence; that communities may be far more effective than legal authorities in deterring crime; that apparently minor sanctions can deter more effectively than draconian ones; that groups, rather than individual offenders, should often be the focus of deterrence; that existing legal tools can be used in unusual but greatly more effective ways; that even serious offenders can be reached through deliberate moral engagement; and that authorities, communities, and offenders – no matter how divided – share and can occupy hidden common ground. The result is a sophisticated but ultimately common-sense and profoundly hopeful case that we can and should use new deterrence strategies to address some of our most important crime problems. Drawing on and expanding on the lessons of groundbreaking real-world work like Boston’s Operation Ceasefire – credited with the "Boston Miracle" of the 1990s – "Deterrence and Crime Prevention" is required reading for scholars, law enforcement practitioners, and all with an interest in public safety and the health of communities.

Preventing Danger
Preventing Danger

Author: Michele Caianiello

Publisher:

Published: 2013

Total Pages: 0

ISBN-13: 9781611631876

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Germany operates a "double track" system of punishment and preventive detention. Traditionally, this system included fixed-term prison sentences, which were limited by the safeguards of legality, proportionality, double jeopardy, etc., followed by preventative detention of indefinite length, which was not limited by those safeguards. In 2010, the European Court of Human Rights determined that the preventive period had to count as punitive and, thus, should be subject to the safeguards that surround punishment. This decision affects many other European countries that share a version of the "double track" system. While Europe is retreating under the tutelage of the ECHR on this matter, the United States has been developing its own system of preventive detention, both within the criminal law (for sexual predators) and without (for suspected terrorists). The essays in this volume bring together the best of European and American comparative writing on these issues.