Humpty Dumpty and Risk assessment: A reply to Slobogin
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When is preventive detention justified on the basis that an individual convicted of a serious sexual or violent offense is considered likely to commit other offenses in the future? This issue, at the most basic level, involves the interaction of the law with psychology. Although psychology and the law are uneasy bedfellows, the need for constant dialogue between the two disciplines is obvious. Nowhere is this dialogue more important than when dealing with preventive detention since legal decisions in this domain are incontrovertibly founded on psychological assessment and statistical evidence as to the likelihood of recidivism of those whom the state seeks to detain at the expiration of their sentence or otherwise sanction with preventive detention.
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