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'.
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
As policy-makers look first (and easily) for existing policy solutions which could be adapted from elsewhere, policy transfer becomes increasingly central to policy development. This book explores whether policy transfer in 'everyday' policy-making may be unintentionally creating a system of preventive justice.
This centennial collection of essays and original research studies captures the varied spectrum of philosophies and concerns of the Board and staff of the National Council on Crime and Delinquency (NCCD) over the past century . The criminological experts represented in this volume are renowned for their study and research into the far reaches of this field of study. As a chronicle of the NCCD's development, editors Barry Krisberg, Susan Marchionna, and Christopher Baird include some of the most groundbreaking material to come out of the workings of this unique American institution.
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.
Juvenile Justice: A Text/Reader offers a unique new spin on the core textbook format. Organized like a more traditional juvenile justice text, this text/reader is divided into eight sections that contain all the usual topics taught in a juvenile justice course. After a comprehensive overview, each section has an introductory “mini-chapter” that provides engaging coverage of key concepts, developments, controversial issues, and research in the field. These authored introductions are followed by carefully selected and edited original research articles. The readings, from prominent scholarly journals, were written by juvenile justice experts and often have a policy orientation that will help address student interest in the “so what?” application of theory. Key Features and Benefits Boasts extensive and unique coverage of the juvenile justice system, focusing on law enforcement, the court system, correctional responses to juvenile offending, and an overview of the causes of delinquency Features a unique “How to Read a Research Article”—tied to the first reading in the book—to give students a guide to understand and learn from the edited articles that appear throughout the text. Provides an introduction to each reading to give students an overview of the purpose, main points, and conclusions of each article. Utilizes photographs, boxes, and suggested Web resources to enhance the book’s presentation and engage student interest. Offers a clear and concise summary of key terms and concepts in each section and discussion questions that enhance student comprehension Ancillaries A Student study site at www.sagepub.com/lawrencestudy provides self-quizzes, e-flashcards, additional readings, and more. Instructor Resource on CD include test questions for both the text and readings, PowerPoint slides, teaching tips, and other resources. Qualified instructors can request a copy by contacting Customer Care at 1-800-818-SAGE (7243), 6AM-5PM, Pacific Time. Intended Audience This Text/Reader is designed to serve as a replacement for a core text, or a supplement text for upper-level undergraduate Juvenile Justice courses in departments of criminal justice, criminology, sociology and related disciplines. Interested in a text/ reader for another criminology or criminal justice here? Explore other titles in the series.
Mention the phrase Homeland Security and heated debates emerge about state uses and abuses of legal authority. This timely book is a comprehensive treatise on the constitutional and legal history behind the power of the modern state to police its citizens. Dubber explores the roots of the power to police—the most expansive and least limitable of governmental powers—by focusing on its most obvious and problematic manifestation: criminal law. He argues that the defining characteristics of this power, including the inability to accurately define it, reflect its origins in the discretionary and virtually limitless patriarchal power of the householder over his household. The paradox of patriarchal police power as the most troubling yet least scrutinized of governmental powers can begin to be resolved by subjecting this branch of government to the critical analysis it merits. Dubber shows us that the question must become how can the police power and criminal law together serve the goals of social equity that define and give direction to contemporary democratic societies? This book goes to the heart of this neglected but crucial topic.