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- Title
The Criminal Character: A Critique of Contemporary Risk Assessment and Preventive Detention of Criminal Offenders in New Zealand.
- Authors
MAGEE, HUGH
- Abstract
The use of criminal offending risk assessment technology is a problematic area of criminal justice in New Zealand. The root of most problems associated with risk assessment technology lie in its inherently limited ability to predict future criminal offending and its inability to take into account the rehabilitation of offenders. The treatment of risk assessment technology by courts and parole boards is another consideration, given an apparent tendency by courts to regard risk assessments as tantamount to predictions of future conduct. These problems have concerning implications for the application of risk assessment technology in the context of preventive detention. Preventive detention is a sentence designed to incarcerate offenders indefinitely, based on an assumption that the offender is too "dangerous" to be released. Nevertheless, if the basis for that assumption is a potentially flawed prediction of future conduct, a sentence of preventive detention will contravene the freedom from arbitrary detention.
- Subjects
NEW Zealand; CRIMINAL law; RISK assessment; DETENTION of persons; REHABILITATION of criminals; PREVENTIVE detention
- Publication
Te Mata Koi: Auckland University Law Review, 2013, Vol 19, p76
- ISSN
0067-0510
- Publication type
Article