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NCJRS Abstract

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NCJ Number: 120319 Find in a Library
Title: Constitutional Observations on the Subject of Prevention (From Crime Prevention and Intervention: Legal and Ethical Problems, P 13-28, 1989, Peter-Alexis Albrecht and Otto Backes, eds.)
Author(s): D Grimm
Date Published: 1989
Page Count: 16
Sponsoring Agency: Walter de Gruyter & Co
1 Berlin 30, Germany United
Sale Source: Walter de Gruyter & Co
Genthiner Str 13
1 Berlin 30,
Germany (Unified)
Type: Issue Overview
Language: English
Country: West Germany (Former)
Annotation: The crime prevention responsibilities of the State, weighed against the civil liberties of the individual citizen, create a constant dilemma and raise questions of constitutionality.
Abstract: Even the liberal State takes preventive measures, and conversely, the totalitarian State cannot organize its preventive measures perfectly nor without repression. Expanded government preventive activity becomes repression shifted ahead of time and is ineffective in its original purpose. The anti-prevention liberal State, operating on the premise that nature and individual freedom produce justice, unintentionally becomes the guarantor of private oppression. Customarily, the protection of one person's liberty requires the restriction of another's; the constitutionality of a restriction depends on an appropriate balancing of the liberty of all parties involved and accurately measuring the danger posed and the according degree of the restriction. Prevention laws serve both protective and restrictive functions and their legitimacy must ultimately be derived from freedom itself.
Main Term(s): Constitutional Rights/Civil Liberties; Crime prevention measures
Index Term(s): Deterrence; Liberalism
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