Bojczenko, Mickael Nickolas
Preventive detention schemes operate in jurisdictions around the world and were created to protect the community from individuals who still present an unacceptable risk of harm following a term of incarceration. Legislation stipulates ongoing detention or supervision should serve utilitarian purposes and depend on the potential risk of future harm. However, research has indicated retributive factors may also influence preventive detention decisions. In five experimental studies, this research project found that both utilitarian and retributive motives drive preventive detention decision making. Results are discussed in terms of implications for legal decision making in a preventive detention context.
Copyright © 2018 Mickael Nickolas Bojczenko.
Thesis submitted for the Degree of Doctor of Philosophy, Swinburne University of Technology, 2018.