Regulating Preventive Justice

Author: Rebecca Ananian-Welsh; Simon Bronitt; Sarah Murray; Tamara Tulich
Publisher: Routledge
ISBN: 9781138658189
Published In: January 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Since 2001 governments have increasingly begun to implement criminal law measures aimed at preventing future harm, which has led to a growing international field of scholarship around the concept of preventive justice. While these measures are most commonly discussed in terms of anti-terror laws they occur in a number of other regulatory settings.

This book examines the costs and benefits of preventive justice across a number of regulatory domains and from a variety of perspectives. In addition to looking at terrorism and organised crime and book also considers the relationship between prevention and the criminal justice system to other regulatory domains, including mental health, drug offences, environmental law, immigration and corruption.

The book draws on a range of case studies from Australia, the UK, the US, Germany and from international law. Contributions to the volume illustrate the ways in which preventive justice traverses multiple borders, whether through regulatory cooperation in law enforcement, through the public/private sector, and how civil and criminal, domestic and international, measures form a complex interrelated regulatory web of prevention. In a broad engagement with the concept of preventive justice the work evaluates the effectiveness of preventive justice measures, and whether it is feasible to regulate prevention.

1. Introduction, Rebecca Ananian-Welsh, Simon Bronitt, Sarah Murray and Tamara Tulich

Part 1: The preventive justice concept

2. Critical Reflections on Preventive justice: theory and history, Tamara Tulich

3. Prevention, Precaution and Adaptive Management: An Environmental Law Perspective on Preventative Justice , Jocelyn Stacey

Part 2: Preventive justice: legal spaces, techniques and technologies

4. Preventive Justice, Risk of Harm and Mental Health Laws, Bernadette McSherry

5. Policing Persons with Mental Illness: Preventive Justice or Preventing Injustice?, Helen Punter

6. Recent Amendments to the Australian Control Order Scheme, Susan Donkin

7. 'If at first you don't succeed...': The Escalation of Preventive Organised Crime Measures, Rebecca Ananian-Welsh

8. 'Preventive Justice' in the Context of the Legal and Policy Discussion Surrounding Illicit Drugs: A Comparative Perspective, Christopher Michaelson and Sam Hartridge

9. Preventive Justice and Immigration Law and Policy: the detention of non-citizens in the United Kingdom and Australia, Peter Billings Part 3: Evaluating preventive justice: measuring costs and benefits, payoffs and pitfalls

10. New Anti-Corruption Strategies: Counting the Costs and Benefits of Deferred Prosecution, Simon Bronitt

11. Preventive Justice, the Courts and the Pursuit of Legitimacy, Sarah Murray

12. The Effectiveness of Anti-Terror PDOs, George Williams and Svetlana Tyulkina

13. Preventive Justice Principles for Soft Responses to Terrorism, Keiran Hardy

14. An Evaluation of Preventative Measures and Counter-Terrorism Laws, Tim Legrand and Teneille Elliott

15. Conclusion