Preventive turn in criminal law

Abstract

ABSTRACT Preventive turn in criminal law has been an important discussion topic in recent years. In many significant scholarly contributions, the nature of criminal justice system has been seen to be in transition from reactive measures to various preventive measures and from rights-based approach to more effective measures. Also various legislative examples from many countries illustrate that many other, often also dubious, means than criminal law are used in preventing unwanted behaviour. This development conceivably affects the foundations of the criminal justice system since the state’s response to unwanted behaviour may be founded on different objectives than criminal justice system traditionally has endorsed. The concept of preventive turn of criminal law is, however, somewhat loose and ambiguous and it has been given different meaning in scholarly discussion. In this article, the concept of preventive turn of criminal law is examined in light of the different meanings given to it in the scholarly discussion. In addition, article discusses administrative sanctioning as an alternative to criminal legislation and legislative and other endeavours to recidivism of dangerous offenders. The article is founded on liberal model of criminal law, which has stressed the role of individual autonomy and dignity and also the importance of procedural safeguards. The examples of preventive turn may risk these traditional liberal foundations of criminal justice system when the states are searching for more effective means in preventing unwanted behaviour. Traditional liberal foundations of the criminal justice system may be at risk when more effective solutions are sought. This article, thus, also seeks to examine whether it is possible to construct a rights-based liberal approach towards preventive turn of criminal law in which the liberal foundations of criminal law are proportioned to preventive measures.