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Criminal Law and Precrime - Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt (Hardcover)
Loot Price: R4,295
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Criminal Law and Precrime - Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt (Hardcover)
Series: Directions and Developments in Criminal Justice and Law
Expected to ship within 12 - 17 working days
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In Philip K. Dick's short story Minority Report, the institution of
Precrime punishes people with imprisonment for crimes they would
have committed had they not been prevented. With Dick's allegorical
inspiration, the authors of Criminal Law and Precrime: Legal
Studies in Canadian Punishment and Surveillance in Anticipation of
Criminal Guilt posit that recent developments in Canadian law
indicate a trend toward imposing punitive measures at increasingly
earlier stages of the prosecutorial process. The result is a
potentially new field of criminal management that could be
characterized as "precrime"-particularly the use of the law as a
technology of surveillance and prevention since "terror" became a
justification for intervention. The authors note that as risk
management logics (based in actuarial sciences) have shifted to
precautionary ones (based in administrative sciences), the law has
responded by developing techniques in the arena of criminal
regulation in light of the "war on terror": the need to ensure
security, the proliferation of digital data, and the development of
drones, social networking, and cloud storage to gather personal
data. The authors view shifts in criminal investigation; the
substantive criminal law of sexual expression, conduct, and work;
and civil forfeiture as emblematic of precrime populism. The
unifying theme of these techniques is that they occur prior to
state-identified crime, arise out of a precautionary philosophy,
and seek to presume (or circumvent) criminality. The book is a
provocative read for scholars and students in criminal law,
policing, and surveillance, as well as for those interested in how
areas of law, such as immigration, health, and anti-terrorism, are
mobilizing the logics of risk and surveillance in new ways that
emphasize precaution. The authors invite legal scholars to place
the analytical lens of precrime on criminal and regulatory
practices in Canada as well as other Western nations across the
globe.
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