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The Ethics and Dilemmas of Preventive Detention

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thesis
posted on 2021-11-23, 10:47 authored by Bhim, Geetanjali

There has been a considerable increase in the use of preventive sentencing in New Zealand since the mid-1980s. It has become widely accepted across Western society that preventive sentencing and supervision regimes are needed to protect the public from dangerous offenders. This thesis examines whether the development and use of preventive sentencing regimes is ethically justified, and if not what changes need to be made in order to alleviate some of the ethical dilemmas associated with indeterminate sentencing regimes. Preventive detention practices in Australia the UK and the US are reviewed to establish general practice regarding the development of legislation, use of risk assessment and the detention of dangerous offenders. This is compared to New Zealand practices, through research and analysis of three preventive detainee case files. The files confirm that the ethics of preventive detention has shifted from protecting the rights of individual offenders to protecting the public from them.

History

Copyright Date

2017-01-01

Date of Award

2017-01-01

Publisher

Te Herenga Waka—Victoria University of Wellington

Rights License

Author Retains Copyright

Degree Discipline

Criminology

Degree Grantor

Te Herenga Waka—Victoria University of Wellington

Degree Level

Masters

Degree Name

Master of Arts

Victoria University of Wellington Unit

Institute of Criminology

ANZSRC Type Of Activity code

1 PURE BASIC RESEARCH

Victoria University of Wellington Item Type

Awarded Research Masters Thesis

Language

en_NZ

Victoria University of Wellington School

School of Social and Cultural Studies

Advisors

Pratt, John