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Against Prisons: Unterschied zwischen den Versionen
→Excursus on Priciples for Preventive Detention
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* 9. Any preventive detention going beyond the proportionate sentence should be served in non-punitive conditions with restraints no greater than those required by the imperatives of security. Where possible, detention that is purely preventive and not punitive should take place in a separate facility, not part of the prison system" (Ashworth/Zedner (2014, 167/168). | * 9. Any preventive detention going beyond the proportionate sentence should be served in non-punitive conditions with restraints no greater than those required by the imperatives of security. Where possible, detention that is purely preventive and not punitive should take place in a separate facility, not part of the prison system" (Ashworth/Zedner (2014, 167/168). | ||
The authors add an important caveat: | The authors add an important caveat: | ||
"The question remains, however, whether it is possible to articulate principles taht cover all cases of preventive detention in such a way as to mitigate possible abuses of power on ground of public protection. It imposes deprivation of liberty ahead of wrongdoings; grants considerable discretion to criminal justice professionals and to the courts; it is based upon predictions of dubious reliability; and it risks creating arbitrariness in its varied forms and practices (Ibid, 170). Some day | "The question remains, however, whether it is possible to articulate principles taht cover all cases of preventive detention in such a way as to mitigate possible abuses of power on ground of public protection. It imposes deprivation of liberty ahead of wrongdoings; grants considerable discretion to criminal justice professionals and to the courts; it is based upon predictions of dubious reliability; and it risks creating arbitrariness in its varied forms and practices (Ibid, 170). Some day, we may have to abolish preventive detention as well. | ||
== Punishment without Prisons == | == Punishment without Prisons == | ||