| Description |
1 online resource (139 pages) |
| Series |
Directions and developments in criminal justice and law |
| Contents |
Cover; Title; Copyright; Contents; List of Contributors; 1 Precriminalities: Police Investigation, Substantive Criminal Law, and Administrative Processes; Towards a Theory of Precrime; Theoretical and Methodological Framework; Data Sources-Thinking by Case; Thinking Through the Supreme Court and the Legislative Role: Is the Judiciary a Mere Sovereign Appendage or an Institution of Delegation?; Overviews of the Chapters; Towards the Governance of Precrime: Precrime Populism; 2 Creating Police Powers: A Canadian Judicial Innovation; Theorizing Visibility; Reasonable Expectation of Privacy |
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A Continuum from Private to PublicAncillary Powers and the Growth of the Common Law Doctrine; The Curious Case of the Digital Criminal and Other Private Parts: Section 8 and the Common Law; Recent Empirical Information; Equivocating on the Charter's Promise; 3 Sex, Sexuality, and the Law: 'Society's Proper Functioning' and Precautionary Governance of Sex Work; Making Sense of Sexual Expression and Performance; The Relevance of Privacy?; The Governance of the Indecent/Obscene in Canada; Exploring the Hicklin Court; The Dawn of Community Standards; Add Harm and Stir |
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Introducing the New Target of Harm: Political Morality (Same as the Old One?)The Rise and Fall of Free Sex Workers in Canada; Persons Working in the Sex Industry (PWSI) and Regulating Sex Work; The Bedford Case; After Bedford: Bill C-36; Law's Protection from the Risk of Harm; 4 Administering Criminal Law: Preventing Crime and Punishing the Precriminal; Civil Forfeiture; Governance in the Interests of Harm Reduction and Economic Reasoning; Due Process Concerns Inherent Within Civil Forfeiture; Chatterjee and the Civil Remedies Act; Forfeiture Legislation in Practice |
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Implications of Legislative PrecautionPeace Bonds: Reviewing Doerksen's Work; Examining Peace Bonds Through a Critical Legal Studies Lens; Peace Bonds and Neoliberal Harms; Traditional vs. Specialized Peace Bonds; Specialized Peace Bonds; Quantification of Offence: Counting Forfeitures and Bonds; Conclusion; 5 The Future of Precrime: Where Do We Go Now?; Law and Precrime-The Role of the Social; The Administrative Shift; The Facets of Precrime: Risk of Harm, Temporality, and Widened Nets; Future Directions; References; Index |
| Summary |
"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."--Provided by publisher |
| Bibliography |
Includes bibliographical references |
| Notes |
Print version record |
| Subject |
Criminal justice, Administration of -- Canada.
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Crime prevention -- Canada
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Punishment -- Canada
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LAW -- Criminal Law -- General.
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Crime prevention
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Criminal justice, Administration of
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Punishment
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Canada
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| Form |
Electronic book
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| Author |
Gacek, James
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Menzie, Lauren
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Kramar, Kirsten
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Doerksen, Mark
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| ISBN |
9781351678636 |
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1351678639 |
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