NCJ Number
147739
Date Published
1993
Length
20 pages
Annotation
Problems inherent in defining the term "dangerous" in both legal and moral terms are discussed as an introduction to an analysis of Victoria's Community Protection Act 1990, which sought to keep a particular offender, who did not fall under the umbrella of either the criminal justice or mental health systems, in preventive detention.
Abstract
The three basic political elements of the Act were its use of a stereotyped portrayal of a violent, dangerous individual; its intention to keep an evil person locked up; and its expressiveness in the outcome of the public's fears. However, the author notes that sentencing for future possible dangerousness is unsatisfactory because of the inability to assure its necessity. With the current emphasis on community- based corrections, prisons have become associated in the public mind with the retention of the most violent members of society. Therefore, legislation like this Act appeals to the public as a means of identifying and imprisoning the dangerous offender. Although the Act appears to be simple, it raises many complex issues, including the difficulty of balancing the interests of the community with the rights of the individual. 48 references