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http://ssrn.com/abstract=2094358
 
 

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Preventive Detention in Europe, the United States and Australia


Christopher Slobogin


Vanderbilt University - Law School

June 27, 2012

Vanderbilt Public Law Research Paper Working Paper No. 12-27
Vanderbilt Law and Economics Research Paper No. 12-20

Abstract:     
Preventive detention, both within the criminal justice system and outside it (e.g. commitment, quarantine and wartime confinement), is under-theorized. The European Court of Human Rights has recently issued a spate of opinions that begin to deal seriously with the issue, in a more sophisticated manner than American courts have. This paper describes the European decisions, especially the European Court's decision in M. v. Germany, compares those decisions to American and Australian law on preventive detention, and discusses how principles I have developed in other work can further the analysis.

Number of Pages in PDF File: 19

Keywords: preventive detention, Kansas v. Hendricks, M. v. Germany, sentencing, sex offenders

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Date posted: June 28, 2012 ; Last revised: October 26, 2012

Suggested Citation

Slobogin, Christopher, Preventive Detention in Europe, the United States and Australia (June 27, 2012). Vanderbilt Public Law Research Paper Working Paper No. 12-27; Vanderbilt Law and Economics Research Paper No. 12-20. Available at SSRN: http://ssrn.com/abstract=2094358 or http://dx.doi.org/10.2139/ssrn.2094358

Contact Information

Christopher Slobogin (Contact Author)
Vanderbilt University - Law School ( email )
131 21st Avenue South
Nashville, TN 37203-1181
United States
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