Preventive Justice Research Articles

A theory of redressive justice

This article proposes a new category of justice between individuals, in light of recent developments in corrective justice theory and civil recourse theory. This category – redressive justice – governs the enforcement of rights by a wronged party against the party who committed the wrong. More precisely, it governs the undoing of a transaction between two parties, either by a right holder, or by a party acting on a right holder’s behalf. As the article indicates, redressive justice is importantly distinct from leading conceptions of corrective, distributive, retributive, and preventive justice. In addition, redressive justice can help explain diverse legal fields, ranging from tort to contract to unjust enrichment.

The Difference Prevention Makes: Regulating Preventive Justice

Since the terrorist attacks of September 11, 2001, the United States and many other countries have adopted a “paradigm of prevention,” employing a range of measures in an attempt to prevent future terrorist attacks. This includes the use of pretextual charges for preventive detention, the expansion of criminal liability to prohibit conduct that precedes terrorism, and expansion of surveillance at home and abroad. Politicians and government officials often speak of prevention as if it is an unqualified good. Everyone wants to prevent the next terrorist attack, after all. And many preventive initiatives, especially where they are not coercive and do not intrude on liberty, are welcome. But the move to a “preventive justice” model also creates potential for significant abuse. These risks suggest that we should be cautious about adopting preventive approaches, especially where they involve coercion. In part I of this essay, I articulate why preventive coercion is a problem. I respond, in particular, to a recent essay by Fred Schauer, The Ubiquity of Prevention, which argued that “it is a mistake to assume that preventive justice is a problem in itself [because] preventive justice is all around us, and it is hard to imagine a functioning society that could avoid it.” In part II, I outline the formal constitutional and other constraints that are implicated by preventive measures in the United States, and I demonstrate that these constraints play a relatively small role in the actual operation of preventive measures. In part III, I maintain that informal constraints may actually play a more significant operational role in checking the abuses of prevention.

Preventive Justice and the Presumption of Innocence

When the state aims to prevent responsible and dangerous actors from harming its citizens, it must choose between criminal law and other preventive techniques. The state, however, appears to be caught in a Catch-22: using the criminal law raises concerns about whether early inchoate conduct is properly the target of punishment, whereas using the civil law raises concerns that the state is circumventing the procedural protections available to criminal defendants. Andrew Ashworth has levied the most serious charge against civil preventive regimes, arguing that they evade the presumption of innocence. After sketching out a substantive justification for a civil, preventive regime, I ask what Ashworth’s challenge consists in. It seems that there is broad disagreement over the meaning and requirements of the presumption of innocence. I thus survey the myriad possibilities and extract two claims that have potential bearing on preventive regimes. One claim is that of substantive priority—the criminal law comes first when assessing blame. This is the claim at the root of objections to pretrial detention based on consideration of the crime charged. The second strand of argument is one of procedural symmetry. This is the concern that with respect to citizen/state relations, certain procedures are required, including, for example, proof beyond a reasonable doubt as to the offense or defense. Having extracted these claims, I then assess their applicability with respect to the preventive regime defended. I first conclude that the criminal law must share blame and censure with other fora, and thus, the criminal law only has substantive priority when criminal proceedings have been instituted. I then survey whether procedural symmetry is required, specifically assessing whether the preventive regime I defend requires proof beyond a reasonable doubt. My tentative conclusion is that proof beyond a reasonable doubt is warranted.

Study of Economic Crimes in India with Special Emphasis on Financial Market Crimes and Control Measures

Crimes in whatever form or category they may fall in, impact mankind in multifarious ways. They damage democratic development, skew social development, inhibit industrial development and endanger economic development. Overall crime is the antithesis of development and is strongly pitted against it. Development is an innate urge nurtured by nations. Economic development, a prerequisite for development of any other kind, and development is also intrinsically linked to mutual and international cooperation.The United Nations Declaration and the Programme of Action on the Establishment of a New International Economic Order (1974) aims at the creation of better conditions so that all peoples may attain a decent life. It then proceeds to define new guiding principles for the future course of crime prevention and criminal justice in the context of development needs and the goals of an International Development Strategy for the third U.N. Development Decade. This would appear as a collective global response towards development, the key element being economic development.Countries, without exception, have been spurred into economic activities in the recent decades, with the objective of ensuring improved quality of living for their citizens. The 'haves' sharing with the 'have nots' through monetary and material aids became a norm, serving mutual interests equally. As if to add conviction to the trite saying that 'good and evil go together' is the emergence of new forms of crime, more sophisticated at exploiting loopholes and opportunities. These are characterized as economic crimes, growingly becoming the order of the day, robbing the masses of the assurances of the State.The global march from the industrial age to the economic age is confronted principally by the growth of crime that impedes progress towards an egalitarian society. The disruptive effects of crime, particularly economic crime, that makes mankind collective victims, can not be checkmated unless countries stand united. The effective countermeasures against economic crime need, therefore, to be on a firm foundation of international cooperation.

Vice Crimes and Preventive Justice

This symposium contribution offers a reconsideration of a range of “vice crime” legislation from late nineteenth and early twentieth century American law, criminalizing matters such as prostitution, the use of opiates, illegal gambling, and polygamy. According to the standard account, the original justification for these offenses was purely moralistic (in the sense that they criminalize conduct solely or primarily because it is intrinsically wrong or sinful and not because of its negative effect on anyone) and paternalistic (in the sense that they limit persons’ liberty or autonomy supposedly for their own good); and it was only later, in the late twentieth century, that those who supported such legislative initiatives sought to justify them in terms of their ability to prevent harms. This piece argues that the rationale for these vice crimes laws was much more complicated than has traditionally been thought, encompassing not just moralistic justifications but also a wide range of harm-based rationales—similar to those that underlie modern, technocratic, “preventive justice” legislation involving matters such as anti-social behavior orders, sex offender registration, stop-and-frisk policing, and the fight against terrorism.

Vice Crimes and Preventive Justice

This symposium contribution offers a reconsideration of a range of crime legislation from late 19th and early 20th century American law, involving matters such as prostitution, the use of opiates, illegal gambling, and polygamy. According to the standard account, the original justification for these offenses was purely moralistic (in the sense that they criminalize conduct solely or primarily because it is intrinsically wrong or sinful and not because of its negative effect on anyone) and paternalistic (in the sense that they limit persons' liberty or autonomy supposedly for their own good); and it was only later, in the late 20th century, that those who supported such legislative initiatives sought to justify them in terms of their ability to prevent harms. This piece argues that the rationale for these vice crimes laws was much more complicated than has traditionally been thought, encompassing not just moralistic justifications but also a wide range of harm-based rationales -- similar to those that underlie modern, technocratic, preventive justice legislation involving matters such as anti-social behavior orders, sex offender registration, stop-and-frisk policing, and the fight against terrorism.

The Dutch and German Notarial Systems Compared

Civil law notaries, also called Latin notaries, constitute a distinctive feature of the continental European legal system going back to Roman law, as they have an important role in providing non-contentious, 'preventive justice’ (vorbeugende und vorsorgende Rechtspflege). Unlike lawyers, notaries act as independent and impartial advisors, and their advice typically extends to all legal issues raised by the transaction in question. Unlike public notaries in the Anglo-Saxon world, civil law notaries are not only competent to take oaths and certify signatures, but their involvement is mandatory by law in many fields of real estate, family and company law.

Christopher Slobogin and Mark R. Fonacaro: Juveniles at Risk: A Plea for Preventive Justice

Christopher Slobogin and Mark R. Fonacaro: Juveniles at Risk: A Plea for Preventive Justice

Pro-poor land administration: Principles for recording the land rights of the underrepresented

The global land community has accepted that individual land titling on its own cannot deliver security of tenure in a complete or timely fashion, and that a continuum of land rights approach needs to be used. This approach needs to be accompanied by new and innovative pro-poor forms of land recordation to cater for these new forms of tenure. The proposed design draws on conventional land administration systems and the experiences of professionals, civil society and researchers regarding the land tenure systems of the poor and how they work in customary, informal, and post crisis areas. It is based on eight general design requirements, including delivery of preventive justice and co-management arrangements. The design is made up of ten interlinked elements, with an emphasis on a continuum of land recording. The design is only a first step toward a coherent robust framework. Some first experiences are reported, however, further suggested work includes: dissemination and awareness raising; further piloting; incorporation of institutional and political economy analysis; tailoring methods of implementation; and investigating approaches for funding, training, and material resources. Ultimately the pro-poor land recordation system should bring tenure security to the poor at faster rates and lower costs, and should thus enable a foothold on the lower rungs of the property ladder.

Counseling Health Psychology

Training directors of American Psychological Association–approved counseling psychology doctoral programs completed a questionnaire assessing (a) student and faculty involvement in health-related research, practice, and teaching; (b) health-related research conducted by students and faculty; and (c) programs’ expectations and ability to increase health training opportunities. Statistical comparisons suggest that a high frequency of programs name health psychology as an area of emphasis, offer specialized health psychology training, and provide health-psychology-related practica. Many reported faculty and student interest and involvement in health psychology training and research. Yet few faculty in these programs identified themselves as counseling health psychologists. Results suggest that there is interest in health psychology within counseling psychology training programs but that only a minority of programs has developed structured curricula in the area. Given counseling psychology’s unique emphasis on prevention, well-being, multiculturalism, and social justice, counseling psychology programs are well suited to developing counseling health psychology curricula.

Extending the Golden Thread? Criminalisation and the Presumption of Innocence*

Journal of Political PhilosophyVolume 21, Issue 1 p. 44-66 Original Article Extending the Golden Thread? Criminalisation and the Presumption of Innocence* PATRICK TOMLIN, PATRICK TOMLIN Law, Corpus Christi College, OxfordSearch for more papers by this author PATRICK TOMLIN, PATRICK TOMLIN Law, Corpus Christi College, OxfordSearch for more papers by this author First published: 06 February 2012 https://doi.org/10.1111/j.1467-9760.2011.00411.xCitations: 16 † This article represents part of a larger attempt to understand the scope and grounds of the presumption of innocence, which in turn forms part of the AHRC-funded Preventive Justice project, which I have worked on with Andrew Ashworth and Lucia Zedner. I am grateful to the AHRC for funding the project, and to Andrew and Lucia for help, guidance, and support, as well as for comments on multiple drafts of this article. I have also benefitted from questions and comments from Doug Husak, Nicola Lacey, Adam Swift, Victor Tadros, the editor and referees of the Journal of Political Philosophy, audiences in Oxford (twice), Stirling, and Reading, and from discussions with Christian Barry and Antony Duff. Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinked InRedditWechat Citing Literature Volume21, Issue1March 2013Pages 44-66 RelatedInformation

A Theory of Redressive Justice

This Essay proposes a new category of justice between individuals. This category – redressive justice – governs the enforcement of rights by a wronged party against the party who committed the wrong. More precisely, it governs the undoing of a transaction between two parties, either by a right holder, or by a party acting on a right holder’s behalf. Redressive justice is importantly distinct from leading conceptions of corrective, retributive, preventive, and distributive justice. And, as the Essay indicates, redressive justice can also provide insights for explanatory theories of private law.

Preventive Justice: The Search for Principles

In this essay, I sketch a critical analysis of doctrines and practices commonly identified as instances of “preventive justice.” In Part I, after rehearsing briefly the distinction between law and police as alternative modes of governance best viewed in contradistinction to one another, I argue that preventive justice is neither new, nor different, being instead a long familiar instance of penal police. Part II moves from analysis to critique, considering briefly various criticisms of “preventive justice” raised, or implied, and concluding that they miss the mark, either because they are inapposite (from the perspective of police) or unfounded (from the perspective of law).

Preventive and punitive criminal justice policy support in Trinidad: The media’s role

An unresolved research question regarding crime and justice policy is the relationship between an individual’s media consumption and their support for punitive and preventive criminal justice policies. The relationship between media, crime, and justice is under-examined in countries other than the United States and Britain and the relationship between media and criminal justice policy support remains less than fully understood in all locales. In response, an examination of a media— policy relationship in a Western democracy not previously studied was conducted. Based on data from an October 2005 national telephone survey of Trinidad and Tobago residents, this study measured support for punitive and preventive criminal justice policies in association with crime and justice media consumption and worldviews. Multivariate analysis showed that, for Trinidadians, support for punitive policies was significantly related to perceiving television crime dramas as realistic and crime news as accurate. For preventive policy support, the same media factors plus the level of exposure to crime dramas on television were significant. Overall, media were found to play similar but not especially strong roles in support levels for both punitive and preventive criminal justice policies.

Victims of Crime and Community Justice Brian Williams (2005) London: Jessica Kingsley

critical analysis, Williams considers existing solutions to these problems and examples of effective community justice initiatives across the globe. Using examples such as the Community Reparative Boards in Vermont, USA or Street Committees and people’s courts in apartheid-era South Africa, William demonstrates that community engagement in crime and justice issues, restorative approaches, local courts and re-establishment of informal social controls are not new ideas. Rather, they have been implemented on a global scale, but without the same prominence as that given to the rhetoric of the ‘fight’ against crime and the increasingly more punitive responses to both criminal and deviant behaviour. In detailing the mechanisms by which such initiatives work, Williams highlights how they fit into current debates and where further research is needed to establish fully what is and what is not effective and under what circumstances. For example, in examining the controversial initiative of circles of support for sexual offenders in the community, Williams recognises the need for a thorough assessment and continued monitoring of this group in order that law enforcement can be employed if necessary. Crucially, Williams throws some critical light on the notion that the criminal justice system has begun to re-balance its policy to support victims and witnesses better, demonstrating a continued focus on offenders’ rights and, indeed, a discussion of offenders as victims. In answer to this quandary, Williams proposes the possibility of making changes Brian Williams’ text begins with a broad overview of the development of victim focus in criminal justice policy in the UK, the EU and beyond. It incorporates an analysis of how community justice measures and restorative justice have responded to the need for a ‘rebalancing’ of criminal justice policy to take account of victims’ and witnesses’ needs. In this account, Williams explores the notion that the line between victim and offender is not always clear-cut, and then discusses how criminal justice policy is attempting to respond to this. In an examination of community justice measures, including crime prevention, stakeholder participation, partnership working and restorative justice, Williams considers current issues which have arisen as a result of these developments. They include the need for rebuilding citizens’ confidence in the criminal justice system, rebuilding fragmented communities by restoration of social capital and the difficulties in defining what community justice actually is. In this discussion, Williams identifies dissatisfaction with current criminal justice policy, specifically its adversarial nature, over-use of imprisonment, and lack of confidence in criminal justice agencies to reduce crime, manage offenders and keep communities safe. In his exploration to define community justice, Williams ably makes the links clear between these concerns and the need to restore social capital, including embedding a sense of responsibility in citizens and the barriers to doing this. An important aspect of this text is that, after presenting key issues, barriers to overcome and Victims of Crime and Community Justice Brian Williams (2005) London: Jessica Kingsley 176pp; £18.99 ISBN: 978 1 84310 195 6

Special Issue: Prevention and Social Justice

The late George Albee recognized and promoted the importance of primary prevention as a tool for promoting social justice. Amidst ongoing oppressive realities in U.S. society and across the globe, psychologists and other helping professionals are voicing a renewed commitment to social justice activity. Despite growing interest in social justice and prevention, relatively little attention has focused explicitly on social justice prevention. As Albee was also well aware, all prevention activity does not advance social justice. In response to these gaps, The Journal of Primary Prevention is preparing a special issue on Prevention and Social Justice. We are interested in soliciting articles that will serve to further prevention theory, research, and practice for social justice and contribute to the refinement of a model of social justice prevention. Following from Albee’s incidence formula, which conceptualized mental health as derived from environmental and personal factors, we understand social justice prevention as entailing intervention at both the personal and environmental levels. Authors are encouraged to submit papers on any aspect of the social justice and prevention, including—but not limited to—the development, implementation, and evaluation of prevention programs to reduce oppression related to:

Preventive Justice or Pre-Punishment? The Case of Control Orders

Preventive Justice or Pre-Punishment? The Case of Control Orders Get access Lucia Zedner Lucia Zedner Professor of Criminal Justice, Fellow of Corpus Christi College University of Oxford ; Oxford Search for other works by this author on: Oxford Academic Google Scholar Current Legal Problems, Volume 60, Issue 1, 2007, Pages 174–203, https://doi.org/10.1093/clp/60.1.174 Published: 01 December 2007

Problems and Prospects of Implementing UN Action against Terrorism

The article deals with two related problems in implementing United Nations action against terrorism: first, the ineffectiveness of deterrence when terrorism is motivated by beliefs powerful enough to provoke suicide attacks; second, the risk that the rule of law will be undermined if criminal justice measures do not prevent terrorism. A prospective common solution is to develop aggressive and effective preventive measures explicitly drawn from rule of law standards. A number of preventive strategies, as well as one evidentiary measure and one international cooperation development, are discussed. The goal to be achieved is the integration of human rights guaranteed by the rule of law into a preventive criminal justice strategy. When terrorist violence is prevented rather than merely punished, and human rights are protected, respect for the rule of law will be not merely safeguarded, but enhanced.

Environmentalism Unbound: Exploring New Pathways for Change By Robert Gottlieb. Cambridge, MA: The MIT Press, 2001. 408p. $29.95.

The key argument of Robert Gottlieb's Environmentalism Unbound is that an integrated focus on pollution prevention and environmental justice can lay the groundwork for fundamental environmental and social change (p. xiii). The aim is to develop a common vision and a more “embracing language” for environmentalism that is more broadly appealing than a mainstream focus on nature and species and more broadly applicable to a range of environmental and social issues. Such an expanded environmental discourse—integrating the workplace, the social, and the ecological—would make for an unbounded and more successful environmentalism. This is another wonderful offering by Gottlieb, right up there with his Forcing the Spring (1993). The recognition of diverse discourses of environmentalism and social justice is a challenge to movement strategies, and Gottlieb takes on the issue with a focus on both a broad vision and everyday practice.

World Ministerial Conference on Organized Transnational Crime

As we head toward the end of the millennium we, as specialists and experts in the field of international criminal justice, must pause to reflect seriously on the issue of global organized crime. Study in this regard requires that more rigorous attention be focused on the future directions of research, the creation of a network of regional and worldwide scholars to perpetuate a collaborative agenda, and data collection for comparison of various activities associated with law enforcement and correctional operations. We must find a more unified systemic approach to crime control. Regardless of whether a nation is large or small, developed or underdeveloped, rich or poor, every society is confronted with the task of controlling organized crime. Organized crime is indeed a universal phenomenon. It has long been predicted that international organized crime will become a major force in the commercial, financial and military sectors of every country, eventually affecting directly the destiny of all countries. We may soon be confronted with an economic and financial crisis, in that governments everywhere cannot afford to watch events unfold by saying “there is no solution to the problem because it is beyond our ability to control the problem.” We must find a solution. On June 26, 1995, American President William Clinton, commemorating the 50th anniversary of the United Nations at the ceremony held in San Francisco called for, “Support through the UN of the fight against forces of disintegration from crime syndicates and drug cartels. They cross borders at will. Nations can and must oppose them alone, but we know, and the Cairo Conference reaffirmed, that the most effective opposition requires strong international cooperation and mutual support.” The original idea for a global high‐level conference on organized crime came from a magistrate who devoted his life to fighting the Mafia, Judge Giovanni Falcone, who died in a bomb attack in May 1992, in Italy. Following Judge Falcon's death, the Minister for Justice in Italy took on the idea of holding this conference in his address to the General Assembly that year. The conference was held in Naples two years later, organized by the Crime Prevention and Criminal Justice Branch of the Secretariat of the U.N., under the guidance of the Commission on Crime Prevention and Criminal Justice and in accordance with the Economic and Social Council resolution 1993/29 of July 27, 1993, and the recommendation of the Commission was made at the second session. The 142 states represented at the Conference unanimously adopted the Naples Political Declaration and Global Action Plan Against Organized Transnational Crime, which was later approved by the General Assembly by resolution 49/159 on December 23, 1994. For further information regarding the topic of international and transnational organized crime and associated issues, see World Ministerial Conference on Organized Transnational Crime, Naples, Italy, United Nations, Crime Prevention and Criminal Justice Newsletter, No.26/27, November 1995; speech by President William Clinton on the occasion of the 50th anniversary of the U.N., San Francisco, June 26, 1995; A Law Enforcement Source book of Asian Crime and Cultures: Tactic and Mindset, Douglas D. Daye, CRC Press, Boca Raton, 1997; Transnational Criminal Organizations, Cybercrime and Money Laundering: A Handbook for Law Enforcement Officers, Auditors, and Financial Investigators, James R. Richards, CRC Press, Boca Raton, 1999; and Global Report on Crime and Justice, by UN Office for Drug Control and Crime Prevention, Graeme Newman, ed., New York, Oxford University Press, 1999.