Lessons from history in dealing with our most dangerous

Hobbs, H; Trotter, A

Lessons from history in dealing with our most dangerous

Hobbs, H

Trotter, A

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Publication Type:: Journal Article
Citation:: University of New South Wales Law Journal, 2018, 41 (2), pp. 319 - 354
Issue Date:: 2018-05-01

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Field	Value	Language
dc.contributor.author	Hobbs, H https://orcid.org/0000-0001-9903-6908	en_US
dc.contributor.author	Trotter, A	en_US
dc.date.issued	2018-05-01	en_US
dc.identifier.citation	University of New South Wales Law Journal, 2018, 41 (2), pp. 319 - 354	en_US
dc.identifier.issn	0313-0096	en_US
dc.identifier.uri	http://hdl.handle.net/10453/130434
dc.description.abstract	© 2018, University of New South Wales Law Journal. All rights reserved. The conundrum of dealing with dangerous sexual offenders is one that has never been too far from the public and legislative consciousness. Striking an appropriate balance between community protection and the human rights of the offender is a difficult task and one weighed down by many competing considerations. In this article, we survey historical and contemporary punishment of dangerous sexual offenders in order to inform that debate. Measures adopted or employed by political communities to respond to such offenders should be chosen with an eye to history. This article argues that such measures are often adopted as a cure for public fear, and as such, they risk being overzealous, imprecise, disproportionate, and unjust. Reflecting on this history, we provide three points that should guide legislative and executive responses when dealing with our most dangerous.	en_US
dc.relation.ispartof	University of New South Wales Law Journal	en_US
dc.title	Lessons from history in dealing with our most dangerous	en_US
dc.type	Journal Article
utslib.citation.volume	2	en_US
utslib.citation.volume	41	en_US
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.issue	2	en_US
pubs.publication-status	Published	en_US
pubs.volume	41	en_US

Abstract:

© 2018, University of New South Wales Law Journal. All rights reserved. The conundrum of dealing with dangerous sexual offenders is one that has never been too far from the public and legislative consciousness. Striking an appropriate balance between community protection and the human rights of the offender is a difficult task and one weighed down by many competing considerations. In this article, we survey historical and contemporary punishment of dangerous sexual offenders in order to inform that debate. Measures adopted or employed by political communities to respond to such offenders should be chosen with an eye to history. This article argues that such measures are often adopted as a cure for public fear, and as such, they risk being overzealous, imprecise, disproportionate, and unjust. Reflecting on this history, we provide three points that should guide legislative and executive responses when dealing with our most dangerous.

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http://hdl.handle.net/10453/130434