Lifting the Cloak: Preventive Detention as Punishment
Rutgers, The State University of New Jersey - Department of Philosophy
San Diego Law Review, Vol. 48, p. 1173, Fall 2011
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.
Number of Pages in PDF File: 23
Keywords: preventive detention, punishment, proportionality, retributivism
JEL Classification: K14
Date posted: March 6, 2012