Lifting the Cloak: Preventive Detention as Punishment
23 Pages Posted: 6 Mar 2012
Date Written: 2011
Abstract
I propose that the most promising means to defend preventive detention is to construe it as punishment for crime. I respond to conceptual and normative reasons to believe that my proposal is unsound.
Keywords: preventive detention, punishment, proportionality, retributivism
JEL Classification: K14
Suggested Citation: Suggested Citation
Husak, Douglas N., Lifting the Cloak: Preventive Detention as Punishment (2011). San Diego Law Review, Vol. 48, p. 1173, Fall 2011, Available at SSRN: https://ssrn.com/abstract=2016613
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