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The Insecurity StateVulnerable Autonomy and the Right to Security in the Criminal Law$
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Peter Ramsay

Print publication date: 2012

Print ISBN-13: 9780199581061

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199581061.001.0001

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Failure to Reassure as Public Wrong

Failure to Reassure as Public Wrong

Chapter:
(p.38) 2 Failure to Reassure as Public Wrong
Source:
The Insecurity State
Author(s):

Peter Ramsay

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199581061.003.0003

This chapter provides detailed analysis of the case law on the criminal offence of breach of an Anti-Social Behaviour Order (ASBO). It demonstrates first, that the offence converts the conduct manifesting the unreassuring disposition that grounds liability to an ASBO from a threat to be controlled by a court order into a public wrong to be punished; and, second, that the penal wrong that the offence defines is, therefore, a wrong of dangerousness. This analysis is deployed to critique the theory that breach of ASBO is a criminal offence that serves to composite many minor offences for the purposes of punishment.

Keywords:   Anti-Social Behaviour Order, breach of ASBO, dangerousness, subjective insecurity, incapacitation, Crime and Disorder Act 1998

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