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state to impose "pre-criminal measures," including surveillance by the
National Revolutionary Police and re-education for periods of one-to-four years. The state may detain the person during this time. The law also provides for "therapeutic measures," including detention in a psychiatric hospital, that are continued "until the dangerousness disappears from the subject." The open-ended nature of this punishment affords the state extraordinary authority to abuse the rights of political opponents and the developmentally disabled.
89:"set out a number of fundamental principles: (a) preventive measures limiting personal freedom are allowed within the limits imposed by article 13 of the Constitution; (b) preventive measures restrictive of freedom of movement can be applied by the administrative authority for reasons of public security in the cases prescribed by law, subject to subsequent judicial review; (c) such measures, properly motivated, must be based on facts (and not suspicions) and must be issued in the respect of the judicial guarantees".
104:, providing sanctions against sturdy rogues and vagabonds, those wandering abroad without lawful or visible means of support, those loitering with intent, and those falling within similar arcane phraseology which still underpins the disorderly conduct statutes, regulations, and ordinances of many states, cities, and counties in the
169:
Cuban law defines dangerousness (el estado peligroso) as "the special proclivity of a person to commit crimes, demonstrated by conduct that is observed to be in manifest contradiction with the norms of socialist morality." ... If Cuba determines that someone is dangerous, the
Criminal Code allows the
164:
In 2007, political protester Ramón Velásquez was arrested for the charge of social dangerousness. Velásquez was participating in a march across Cuba that highlighted what it viewed as human rights violations and freedom for "political prisoners". Velásquez was then tried in a closed hearing and
108:. These sanctions are plainly preemptive strikes against those seen as likely to be disturbing, disruptive, or dangerous. Included in this group would be "suspicious persons" ordinances, "stop and frisk," and public drunkenness laws".
92:
Punishment "should not be imposed, nor the term of punishment extended, by virtue of a prediction of dangerousness, beyond that which would be justified as a deserved punishment independently of that prediction".
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was arrested by police on a charge of social dangerousness. He was eventually ordered to pay a $ 30 fine for the lesser offence of public disorder, after prosecutors dropped the charge of social dangerousness.
368:
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33:, which are derived from a comprehensive analysis that involves both the tendency to commit crimes and the sphere of the moral conduct of an individual. In
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which allows the authorities to detain people who they think are likely to commit crimes. The charge carries a penalty of up to four years in prison. The
26:
on the basis of detectors of dangerousness that enable the judicial authorities to justify the need for a particular control by the police authorities.
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on the issues of the patient's mental illness and of his danger to himself or to others equal to or greater than "clear and convincing" evidence".
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74:, the Supreme Court "held without dissent that in a civil commitment hearing the due process clause of the
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On the opposite side, some governments links this analysis directly to prison terms, not complying to
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257:, by Serena Stier, Northwestern University Law Review , Vol. 82, Issue 1 , pp. 52-63 (1987-1988).
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requires the social dangerousness to be assessed “on the basis of factual elements” Also in
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196:, Criminal Justice Policy Review, Vol. 14, Issue 3 (September 2003), pp. 287–305
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210:, British Journal of Criminology, Vol. 22, Issue 3 (July 1982), pp. 213–228
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203:, Northwestern University Law Review, Vol. 98, Issue 1 (2003), pp. 1–62
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sentenced to three years in prison. Velásquez was released in
January 2010.
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300:, Crime and Justice: An Annual Review of Research, Vol. 6, pp. 7-8 (1985).
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of using the charge almost exclusively against critics of the government.
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CRIMINAL PREVENTION IN ITALY From the “Pica Act” to the “Anti-Mafia Code”
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313:, Crime and Justice: An Annual Review of Research, Vol. 6, p. 35 (1985).
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These measures differ from country to country: in Italy they are called
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People that have been imprisoned under this charge include:
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John Barker Waite, The
Prevention of Repeated Crime (1943)
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273:, by Daniela Cardamone, European Rights, 26 aprile 2016
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sentenced to four years in prison on 5 December 2006.
475:"II. CUBA'S INTERNATIONAL HUMAN RIGHTS OBLIGATIONS"
407:"The Imprisoned - Committee to Protect Journalists"
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156:In 2008, the punk rock singer and dissident
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450:"Imprisoned for 'Dangerousness' in Cuba"
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343:"Amnesty International Report 2008 •"
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425:"Cuba punk rocker spared jail term"
143:, sentenced to four years in prison
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208:Dangerousness and Criminal Justice
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323:"Leading Cuban musician arrested"
16:Category of anti-social behaviour
201:A Jurisprudence of Dangerousness
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194:Future Dangerousness Revisited
113:Pre-criminal danger to society
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49:to some antisocial behaviour.
39:Anti-social Behaviour Act 2003
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367:Michel, Louis (March 2008).
311:Predictions of Dangerousness
298:Predictions of Dangerousness
149:, sentenced to two years of
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510:Human rights abuses in Cuba
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192:DeLisi, Matt; Munoz, Ed A.
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255:Hybrids and Dangerousness
141:José Oscar Sánchez Madan
115:is a legal charge under
37:, they were foreseen by
135:Raymundo Perdigon Brito
199:Slobogin Christopher,
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477:. Human Rights Watch.
376:Amnesty International
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125:Amnesty International
55:nulla poena sine lege
24:anti-social behaviour
221:Human rights in Cuba
123:has been accused by
76:Fourteenth Amendment
20:Social dangerousness
284:441 U.S. 418 (1979)
231:Black Spring (Cuba)
41:as injunctions; in
31:preventive measures
454:Human Rights Watch
226:Censorship in Cuba
176:Human Rights Watch
72:Addington v. Texas
45:many States apply
80:standard of proof
62:Extent and length
47:civil confinement
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456:. 2010-02-27
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500:Law of Cuba
411:www.cpj.org
178:1999 report
78:requires a
68:rule of law
58:principle.
489:Categories
460:2017-11-28
435:2008-08-30
389:2013-07-17
353:2008-10-04
242:References
100:"came the
117:Cuban law
429:BBC News
215:See also
173:—
98:England
383:(PDF)
372:(PDF)
87:Italy
66:The
327:BBC
111:As
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