In Jan W. De Keijser, Julian Roberts & Jesper Ryberg (eds.), Predictive Sentencing: Normative and Empirical Perspectives. London: Hart Publishing (2019)

Thomas Douglas
Oxford University
In some jurisdictions, the institutions of criminal justice may subject individuals who have committed crimes to preventive detention. By this, I mean detention of criminal offenders (i) who have already been punished to (or beyond) the point that no further punishment can be justified on general deterrent, retributive, restitutory, communicative or other backwardlooking grounds, (ii) for preventive purposes—that is, for the purposes of preventing the detained individual from engaging in further criminal or otherwise socially costly conduct. Preventive detention, thus understood, shares many features with the quarantine measures sometimes employed in the context of infectious disease control. Both interventions involve imposing (usually severe) constraints on freedom of movement and association. Both interventions are standardly undeserved: in quarantine, the detained individual deserves no detention (or so I will, for the moment, assume), and in preventive detention, the individual has already endured any detention that can be justified by reference to desert. Both interventions are, in contrast to civil commitment under mental health legislation, normally imposed on more-or-less fully autonomous individuals. And both interventions are intended to reduce the risk that the constrained individual poses to the public. Yet despite these similarities, preventive detention and quarantine have received rather different moral report cards.
Keywords preventive detention  quarantine  punishment  criminal justice
Categories (categorize this paper)
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Punishment, Quarantine, and Preventive Detention.Michael Corrado - 1996 - Criminal Justice Ethics 15 (2):3-13.
The Difference Prevention Makes: Regulating Preventive Justice.David Cole - 2015 - Criminal Law and Philosophy 9 (3):501-519.
Preventive Detention, Corrado, and Me.Michael Davis - 1996 - Criminal Justice Ethics 15 (2):13-24.
Just Go Ahead and Lie.J. Saul - 2012 - Analysis 72 (1):3-9.


Added to PP index

Total views
389 ( #16,328 of 2,324,949 )

Recent downloads (6 months)
240 ( #1,581 of 2,324,949 )

How can I increase my downloads?


My notes