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c-25 - b Prediction of future dangerousness c Use of...

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Theory of Law and Punishment-as-Treatment 1. State s Right to Control Harmful Behavior Must attempt to identify/prohibit/prevent/repress dangerous conduct 2. Medical Analogy a. Crime is a disease a social pathology b. Criminals are sick c. Offenders must be treated (or isolated) 3. Crime Problem a. Scientific analysis of the causal factors that lead to crime b. Scientific method to study crime c. Identification of crime 4. Principle of Future Dangerousness a. State power based on scientific prediction b. State may intervene at any time (It need not wait for act to occur) 5. Nature and Function of Trials (Not to protect rights of defendant) a. Scientific analysis of offenders
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Unformatted text preview: b. Prediction of future dangerousness c. Use of professionals (within the trials) 6. The Rejection of Legalisms a. No right to minimal standards of treatment b. Due process protections work against protection of society 7. Purpose & Justification for Treatment-Punishment (Punishment viewed as treatment) a. To protect society from dangerous behavior b. To help cure offender if possible (Rehabilitation or Incapacitation ) 8. Individual Treatment-Punishment (Individual cure , not general fairness through proportionality) 9. Nature of Treatment-Punishment a. Scope : can go beyond individual offender to the source of the problem b. Forms : of treatment are unlimited (can lead to social engineering or repression)...
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