Preventive Detention

Preventive Detention in Europe

Preventive Detention in Norway – Risk Predictions in Court

Jane Dullum, from the University of Oslo, made a contribution to the 2012 Annual Conference of the European Society of Criminology, in the category “Punishment and its alternatives,” under the title “Preventive Detention in Norway – Risk Predictions in Court”. Here is the abstract: The sanction Preventive detention came into force in Norway in 2002. Risk of reoffending is a central precondition for sentencing a person to Preventive detention. This risk-condition forms the focus of this study. The study explores the genealogy of the risk-concept in the Norwegian penal law, and further how risk is evaluated by the courts today. Forensic psychiatrists are nominated by the courts in almost all the cases on preventive detention. A central focus of the study is therefore to explore the knowledge the psychiatrists produce about the defendant, and the influence of the forensic psychiatrists on the court's decision-making on risk. Transnational accounts of changes in penal strategies in late modernity provide the theoretical background for the study. In these accounts, actuarial risk is considered to be a key organizing principle, superseding other models of governance, such as welfare and disciplinary forms of regulation. This study proposes that the situation in Norway is complex, where a mixture of strategies are in play in the evaluation of risk.

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Further Reading

  • “Preventive Detention in Norway – Risk Predictions in Court”, by Jane Dullum (Proceedings)

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