Just Prevention: Preventive Rationales and the Limits of the Criminal Law
This chapter examines the ways in which the law criminalizes the creation of risks of harm, and offers a catalogue of various kinds of criminal offence that are primarily concerned with preventing the creation of risk. It also highlights the protections that the criminal law provides, through the criminal process, for those suspected of creating risks, and the ways in which such protections are undermined by the use of ‘civil preventive orders’ that effectively bypass the criminal law.
Keywords: criminal law, harm prevention, criminal offences, risk
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