NCJ Number
10425
Journal
Buffalo Law Review Volume: 21 Issue: 3 Dated: (1972) Pages: 717-758
Date Published
1972
Length
42 pages
Annotation
EXAMINATION OF THE PROPRIETY OF DECIDING WHETHER AND HOW LONG TO CONFINE A PERSON CONVICTED OF A CRIME ON THE BASIS OF A PREDICTION OF HIS SUPPOSED DANGEROUSNESS.
Abstract
A HYPOTHETICAL MODEL WAS CONSTRUCTED IN WHICH A PERSON CONVICTED OF A CRIMINAL OFFENSE IS SUBJECTED TO PREVENTIVE CONFINEMENT FOR AN INDETERMINATE TERM IF SPECIFIED PREDICTIVE CRITERIA INDICATE A HIGH PROBABILITY OF HIS COMMITTING A SERIOUS OFFENSE IN THE FUTURE. THE AUTHOR'S ANALYSIS INDICATES THAT PREDICTIONS OF DANGEROUSNESS WOULD GENERALLY YIELD A HIGH INCIDENCE OF FALSE POSITIVES - THAT IS, PERSONS MISTAKENLY PREDICTED TO BE DANGEROUS. WHERE NUMEROUS FALSE POSITIVES ARE COMBINED, THE MODEL WAS FOUND TO OFFEND FUNDAMENTAL CONCEPTS OF INDIVIDUAL JUSTICE. THUS, THE MODEL SCHEME OF PREVENTIVE CONFINEMENT FAILED. THE AUTHOR CONCLUDES BY STATING THAT - 'PREVENTIVE CONFINEMENT REQUIRES THE ASSUMPTION THAT CONVICTION OF A CRIME RELEGATES THE OFFENDER, EVEN AFTER HE HAS COMPLETED THE PUNISHMENT FOR HIS PRIOR OFFENSE, TO PERMANENT SECOND-CLASS STATUS.' (AUTHOR ABSTRACT)