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Originally posted by Tardacus
The more things change the more they stay the same, it looks like securest form of communication now is the good old pen, paper, envelope and a stamp.maybe the silver lining in all this is that the post office won`t go bankrupt after all, with all the letters people will be sending again.
Criminal Justice Practices and the Development of Predictive Justice (MDM)
Since September 11, 2001, the objective of security, which is ever more present in political discourse in Europe as well as the United States, has transformed criminal law into a law of security based on the illusion that life can be risk free and legitimated greater limitations of individual freedoms.
Judicial review is illusory when it is not focused on the proof of guilt, but on a diagnosis of dangerousness and a prognosis of recidivism, which is a mere probability that, by its very uncertainty, precludes proving the contrary. While an accused is presumed innocent and benefits from doubt, dangerousness is necessarily presumed. After repressive, compensatory and restorative justice, we now have predictive justice. But can it still be called justice?
In the recently created French system of post-conviction preventive detention (rétention de sûreté), judges have little say. Instead, ad hoc commissions were created to make the decisions, but their composition is so diverse (psychiatrists, psychologists, sociologists, criminologists, prefects and victims' representatives) they have not been granted expert status.
When this so-called "preventive" measure becomes indefinite, even permanent, detention, it breaks completely with the rule of law. Dissociated from punishment as retribution, such deprivation of liberty serves neither the educational nor the therapeutic function that, according to international human rights law, legitimates interning minors and the mentally ill; nor is it similar to the short-term administrative detention of aliens who are being deported or extradited. It is purely a "social defense" measure of neutralization.
This raises an important issue. Based on pairing guilt with punishment, criminal law postulates free will, while pairing dangerousness with preventive detention negates itand may therefore lead to destroying criminal law. As Hegel put it, punishment is "a criminal's right" because by punishing him, "we honor him as a reasonable being". But "if we consider him merely a harmful beast that must rendered incapable of doing harm, or that we seek to frighten or change," we deny him that honor.
Originally posted by OpinionatedB
We do not have to give up freedom in order to be as safe as we can reasonably expect in a society. When living with others you have good and bad personages.Those bad personages however, cannot reasonably be detained because of what they 'might' do, only what they actually do proven within the rule of law.