Book Chapter

Preventive justice, risk of harm and mental health laws

Bernadette McSherry

REGULATING PREVENTIVE JUSTICE: PRINCIPLE, POLICY AND PARADOX | ROUTLEDGE | Published : 2017

Abstract

The term ‘preventive justice’, as Tamara Tulich has pointed out in this collection was first used in the late eighteenth century and linked to laws aimed at preventing future crime by intervening where there exists ‘a probable suspicion, that some crime is intended or likely to happen’. Many of the chapters in this collection are concerned with preventive justice in the form of ‘pre-crime’ measures, particularly in relation to suspected terrorists. There is also a range of ‘post-crime’ and ‘post-sentence’ schemes that enable indefinite or continued detention or supervision aimed at preventing reoffending, particularly in relation to those viewed as high-risk offenders such as sex offenders. ..

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University of Melbourne Researchers