Criminal Law and Philosophy 9 (3):537-560 (2015)

Susan Dimock
York University
I defend a form of preventive detention through the creation of an offence of ‘being a persistent violent dangerous offender’. This differs from alternative proposals and actual habitual offender laws that impose extra periods of incarceration on offenders after they have completed the sentence for their most recent crime or as a result of a certain number of prior convictions. I, instead, would make ‘being a persistent violent dangerous offender’ an offence itself. Persons to be preventively detained would be tried and convicted of this offence. My approach would then have one significant advantage: provided the elements of being a PVDO could be rendered sufficiently determinate, punishing persons under such an offence would comport with central rule of law values, most importantly legality and fair notice, as well as principles of proportionality in sentencing
Keywords Preventive detention  Dangerousness  Crime prevention  Rule of law  Responsibility  Fair notice  Recidivism
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DOI 10.1007/s11572-013-9270-5
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References found in this work BETA

Pragmatic Rationality and Risk.Claire Finkelstein - 2013 - Ethics 123 (4):673-699.
The Unfairness of Risk-Based Possession Offences.Andrew Ashworth - 2011 - Criminal Law and Philosophy 5 (3):237-257.
Structure and Function in Criminal Law.Paul H. Robinson - 1997 - Law and Philosophy 18 (1):85-104.
Retributivism and Trust.Susan Dimock - 1997 - Law and Philosophy 16 (1):37-62.

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Citations of this work BETA

Predictions, Dangerousness, and Retributivism.Thomas Søbirk Petersen - 2014 - The Journal of Ethics 18 (2):137-151.

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