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

Munthe, Christian; Radovic, Susanna

One particular tension in need of further analysis is the one alluded to in the preceding subsection. In criminal law, we find a deeply embedded jurisprudential ideal of letting clemency prevail, expressed by the burdens and standards of proof in criminal court proceedings applied even in the most gravest of crimes. In contrast, in public health policy, there is a much stronger tradition of accepting broken eggs to have the omelette-at least when circumstances are dire. From these diverse standpoints, how should one assess, e.g., the opportunity of a programme that promises to prevent a substantial number of horrific crimes, but at the cost of a number of those more serious side effects pointed out earlier; in particular, the preventive, lengthy incarceration of a number of people who would, in fact, never have committed any criminal offenses whatsoever? Or how should one assess opportunities of rather than locking up some violent criminals detected as potential recidivists, offering them the option of (obligatory) medication or surgery, in turn bringing a number of health risks?