Prevention As a Problematical Objective in the Criminal Justice System (From Crime Prevention and Intervention: Legal and Ethical Problems P 47-72, 1989, Peter-Alexis Albrecht and Otto Backes, eds.)

• NCJ Number: 120321
• Author(s): P Albrecht
• Date Published: 1989
• Length: 26 pages
• Sale Source: Walter de Gruyter & Co
• Publication Type: Issue Overview
• Language: English
• Country: West Germany (Former)

Annotation

The legitimizing basis of the criminal law system has shifted from constraint and reconciliation to prevention and planning.

Abstract

This shift produces greater instrumental efficiency, but violates individuals' constitutional rights. Prevention is used to justify completely different social policy measures ranging from welfare to crime control that become the legitimizing basis for the State to expand operations and social control. Police, in turn, seek authorization to intervene much earlier. The courts orient their procedures towards the offenders and emphasizing judges' competency, while prison preventive or resocialization programs function according to the patterns of the welfare State. To counter the preventive optimization of social control, legal action should be taken which emphasizes the defense of constitutional rights. 125 notes.