Abstract

http://ssrn.com/abstract=1755215
 


 



Deadly Dilemmas III: Some Kind Words for Preventive Detention


Larry Laudan


University of Texas School of Law

Ronald J. Allen


Northwestern University Law School

February 4, 2011

101 Journal of Criminal Law and Criminology 781 (2011)
Northwestern Public Law Research Paper No. 11-24
U of Texas Law, Public Law Research Paper No. 187

Abstract:     
This paper explores the role of assessments of dangerousness in the criminal law, arguing that they are ubiquitous not only in setting sentences and guiding bail and parole decisions but, far more importantly, in determining which activities are criminalized and which are not. While many theorists of the criminal law continue to assert that prospective judgments of dangerousness have no legitimate role in the criminal law (since persons are to be punished supposedly only retrospectively for harms already committed), we argue that it is entirely appropriate to punish people for harms that they are likely to commit, provided that pertinent due process demands are satisfied. More generally, we deny both the existence and the desirability of a sharp distinction between the aims of criminal law and the aims of other forms of legal control and regulation.

Number of Pages in PDF File: 25

Keywords: preventive detention, inchoate crimes, possession crimes, dangerousness, criminal law

Accepted Paper Series


Download This Paper

Date posted: February 5, 2011 ; Last revised: October 5, 2012

Suggested Citation

Laudan, Larry and Allen, Ronald J., Deadly Dilemmas III: Some Kind Words for Preventive Detention (February 4, 2011). 101 Journal of Criminal Law and Criminology 781 (2011); Northwestern Public Law Research Paper No. 11-24; U of Texas Law, Public Law Research Paper No. 187. Available at SSRN: http://ssrn.com/abstract=1755215 or http://dx.doi.org/10.2139/ssrn.1755215

Contact Information

Larry Laudan (Contact Author)
University of Texas School of Law ( email )
727 East Dean Keeton Street
Austin, TX 78705
United States
Ronald Jay Allen
Northwestern University Law School ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
312-503-8372 (Phone)
312-503-2035 (Fax)

Feedback to SSRN


Paper statistics
Abstract Views: 1,458
Downloads: 192
Download Rank: 92,178

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.485 seconds