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Articles 151 - 152 of 152
Full-Text Articles in Law
Preventive Justice And The Presumption Of Innocence, Kimberly Kessler Ferzan
Preventive Justice And The Presumption Of Innocence, Kimberly Kessler Ferzan
All Faculty Scholarship
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 …
Marked!, Aya Gruber