The Return of Lombroso? Ethical Aspects of (Visions of) Preventive Forensic Screening

Munthe, Christian; Radovic, Susanna

This leaves restriction and exclusion types of P strategies, which (if efficacious) reduce or cancel the crime risk, but not to the benefit of I. That is, the risk reduction will be achieved through the selective restriction of I's liberty and/or by more or less comprehensively limiting I's access to society (up to the extreme of preventing altogether the very existence if I). This is akin to draconian communicable disease management in situations when no cure for highly contagious and severe conditions exists, and isolation and quarantine become the remaining options to fight an epidemic. Although such steps may be justified by dire circumstances from a public health ethical standpoint, it has been argued that minimization (ideally avoidance) of restrictiveness should be a primary consideration also in communicable disease management and public health work (Gostin et al., 2003; Gostin, 2005) . The most extreme version of exclusion approaches (the preconception or prenatal one) would attract a whole body of critique against eugenics. 17 Presumably, Lombrosian restriction or exclusion programmes targeting children and young people would be open to similar charges of inhumanity. On the other hand, in cases of already active offenders, detected increased risk of recidivism may to many people be perceived as sound reason for increased restrictive measures, or even long-term incarceration, although critical ethical views could be lent on such "preventive detention" arrangements as well (McSherry, 2014) . An in-between position seems to hold for programmes targeting the group of young children displaying aggressive behaviour in combination with a lack of behavioural control, hyperactivity and difficulties interacting with others. They have already exhibited violent behaviour but, although it might be conceptualized as increasing the risk of repeated violent behaviour, it seems way too early labelling it as a type of recidivism motivating preventive restrictions of freedom or exclusion from society. 18