Dealing with Potential Terrorists within a Censure-based Model of Sentencing

Abstract

In this chapter, I address the issue of whether and, if so, to what extent, increases in sentences beyond the censure-based deserved amount can be justified by the offender's alleged dangerousness. This topic raises issues concerning censure, proportionality and dangerous offenders that go beyond traditional analyses of whether and when predictions of dangerousness arguably justify use of disproportionately severe punishments. The focus is on preparatory terrorist offences recently enacted in many Western jurisdictions as a response to attacks carried out by terrorist groups or organisations.

Keywords: sentencing, criminal law, terrorism, pre-inchoate offences, risk, dangerousness, preventive state

JEL Classification: K14