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The Preventive Turn in Criminal Law

Oxford: Oxford University Press UK (2017)

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  1. Smart criminal justice: exploring the use of algorithms in the Swiss criminal justice system.Monika Simmler, Simone Brunner, Giulia Canova & Kuno Schedler - 2023 - Artificial Intelligence and Law 31 (2):213-237.
    In the digital age, the use of advanced technology is becoming a new paradigm in police work, criminal justice, and the penal system. Algorithms promise to predict delinquent behaviour, identify potentially dangerous persons, and support crime investigation. Algorithm-based applications are often deployed in this context, laying the groundwork for a ‘smart criminal justice’. In this qualitative study based on 32 interviews with criminal justice and police officials, we explore the reasons why and extent to which such a smart criminal justice (...)
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  • Animals Who Think and Love: Law, Identification and the Moral Psychology of Guilt.Alan Norrie - 2019 - Criminal Law and Philosophy 13 (3):515-544.
    How does the human animal who thinks and loves relate to criminal justice? This essay takes up the idea of a moral psychology of guilt promoted by Bernard Williams and Herbert Morris. Against modern liberal society’s ‘peculiar’ legal morality of voluntary responsibility, it pursues Morris’s ethical account of guilt as involving atonement and identification with others. Thinking of guilt in line with Morris, and linking it with the idea of moral psychology, takes the essay to Freud’s metapsychology in Civilization and (...)
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  • Bionic Bodies, Posthuman Violence and the Disembodied Criminal Subject.Sabrina Gilani - 2021 - Law and Critique 32 (2):171-193.
    This article examines how the so-called disembodied criminal subject is given structure and form through the law of homicide and assault. By analysing how the body is materialised through the criminal law’s enactment of death and injury, this article suggests that the biological positioning of these harms of violence as uncontroversial, natural, and universal conditions of being ‘human’ cannot fully appreciate what makes violence wrongful for us, as embodied entities. Absent a theory of the body, and a consideration of corporeality, (...)
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