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Criminal Law Conversations$
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Paul H. Robinson, Stephen Garvey, and Kimberly Kessler Ferzan

Print publication date: 2011

Print ISBN-13: 9780199861279

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199861279.001.0001

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Defending Preventive Detention

Defending Preventive Detention

(p.67) 3. Defending Preventive Detention
Criminal Law Conversations

Christopher Slobogin

Oxford University Press

This chapter presents an authoritative overview of preventive detention, with particular emphasis on the jurisprudence of dangerousness. It examines the standard objections to preventive detention, including the unreliability objection, the legality objection, the punishment-in-disguise objection, and the dehumanization objection. It argues that none of these objections, alone or combined, require a prohibition on preventive detention. It also summarizes the limitations of preventive detention. The chapter includes comments by some of the nation's top legal scholars from the field of criminal law, tackling relevant issues ranging from dehumanization to sentencing, the presumption of innocence, and dangerousness as a basis for incarceration.

Keywords:   preventive detention, jurisprudence, dangerousness, unreliability, punishment, dehumanization, criminal law, sentencing, presumption of innocence, incarceration

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