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NCJRS Abstract

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NCJ Number: 34308 Find in a Library
Title: DANGEROUSNESS OF DANGEROUS OFFENDER LEGISLATION FORENSIC FOLKLORE REVISITED
Journal: CANADIAN JOURNAL OF CRIMINOLOGY AND CORRECTIONS  Volume:18  Issue:2  Dated:(APRIL 1976)  Pages:109-122
Author(s): J F KLEIN
Corporate Author: Canadian Criminal Justice Assoc
Canada
Date Published: 1976
Page Count: 14
Sponsoring Agency: Canadian Criminal Justice Assoc
Ottawa, Ontario, K1Y 4X9
Format: Article
Language: English
Country: Canada
Annotation: EXISTING METHODS OF PREDICTING THE DANGEROUSNESS OF OFFENDERS ARE REVIEWED AND ARE FOUND TO BE INEFFECTIVE; ENACTMENT OF DANGEROUS OFFENDER STATUTES IS SEEN AS UNWISE SINCE DANGEROUSNESS CANNOT BE PREDICTED.
Abstract: IN CANADA, PROPOSED DANGEROUS OFFENDER LEGISLATION WOULD PROVIDE FOR AN INDETERMINATE SENTENCE OF PREVENTIVE DETENTION FOR CERTAIN CLASSES OF OFFENDERS WHO, ON THE BASIS OF CLINICAL EVIDENCE, ARE JUDICIALLY DETERMINED TO CONSTITUTE A CONTINUING DANGER AND TO BE LIKELY TO ENDANGER THE SAFETY OF OTHERS. TWO PRINCIPAL METHODS OF DETERMINING THE DANGEROUSNESS OF OFFENDERS ARE REVIEWED. THE PSYCHIATRIC OR PSYCHOLOGICAL EVALUATION METHOD IS SHOWN TO BE EXTREMELY UNRELIABLE, WHILE PREDICTION THROUGH ACTUARIAL DEVICES SUCH AS PREDICTION TABLES IS ALSO SHOWN TO BE INACCURATE. THE AUTHOR MAINTAINS THAT THE PRESENT STATE OF EXPERTISE RESPECTING THE PREDICTION OF FUTURE DANGEROUSNESS IS INADEQUATE, AND THAT TO TAKE CONTROL OVER AN INDIVIDUAL'S LIFE ON THE BASIS OF SUCH IMPERFECT KNOWLEDGE IS UNJUST. HE CONCLUDES THAT A DANGEROUS OFFENDER STATUTE SHOULD NOT BE ENACTED. (AUTHOR ABSTRACT MODIFIED)
Index Term(s): Canada; Crime prediction; Crime prevention measures; Critiques; Laws and Statutes; Legislation; Offender classification; Prediction; Preventive detention; Psychological evaluation; Violent offenders
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=34308

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