A Jurisprudence of Dangerousness

Predictions of Dangerousness

Long-term predictions of future dangerousness are used throughout the criminal law in investigation, pretrial detention, bail, sentencing, prison administration, parole, and early release decisions. Explicit use of such predictions by courts and legislatures is increasing. Reliance on predictions of dangerousness raises questions about the definition of dangerousness, the ethical limits on the ...

The Politics of Dangerousness

Notions of 'dangerousness' are closely related to particular value systems, as well as philosophical, moral and ideological perspectives. Clearly the major values and sociopolitical process in a society will tend to determine what will be perceived, defined, and officially labeled as dangerous, and how conditions and behaviors so labeled will be handled. However, the term 'dangerousness' is rat...

Evaluations of dangerousness.

The Supreme Court decided in O'Connor v. Donaldson that mentally ill people who were not dangerous and who could survive safely in the community could not be kept in a mental hospital against their will. In 1976, a project evaluated the legality of the commitments of 107 patients in a State mental hospital. The review was conducted by three panels, each composed of a law student, a resident psy...

Dangerousness and Criminal Justice

Assessing dangerousness in criminals.

This article formulates a definition of the term dangerousness, indicates why the commission of dangerous offences cannot be reliably predicted, and then reviews the several factors which have been or might be used by those who have to make decisions about dangerousness in criminals. Its suggests that these factors are useful insofar as they help to illuminate the individual's capacity to feel ...