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NCJ Number: 120321 Find in a Library
Title: Prevention As a Problematical Objective in the Criminal Justice System (From Crime Prevention and Intervention: Legal and Ethical Problems P 47-72, 1989, Peter-Alexis Albrecht and Otto Backes, eds.)
Author(s): P Albrecht
Date Published: 1989
Page Count: 26
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 legitimizing basis of the criminal law system has shifted from constraint and reconciliation to prevention and planning.
Abstract: This shift produces greater instrumental efficiency, but violates individuals' constitutional rights. Prevention is used to justify completely different social policy measures ranging from welfare to crime control that become the legitimizing basis for the State to expand operations and social control. Police, in turn, seek authorization to intervene much earlier. The courts orient their procedures towards the offenders and emphasizing judges' competency, while prison preventive or resocialization programs function according to the patterns of the welfare State. To counter the preventive optimization of social control, legal action should be taken which emphasizes the defense of constitutional rights. 125 notes.
Main Term(s): Crime prevention measures
Index Term(s): Constitutional Rights/Civil Liberties; Deterrence
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=120321

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