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Social dangerousness

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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
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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: 75: 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 119:
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
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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".
269: 342: 509: 379: 146: 38: 140: 74:, the Supreme Court "held without dissent that in a civil commitment hearing the due process clause of the 474: 52:
On the opposite side, some governments links this analysis directly to prison terms, not complying to
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requires the social dangerousness to be assessed “on the basis of factual elements” Also in
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sentenced to three years in prison. Velásquez was released in January 2010.
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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”
67: 313:, Crime and Justice: An Annual Review of Research, Vol. 6, p. 35 (1985). 29:
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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The judgment no. 2 of 1956 of the Constitutional Court of
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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" 265: 263: 486: 260: 337: 335: 156:In 2008, the punk rock singer and dissident 332: 401: 399: 450:"Imprisoned for 'Dangerousness' in Cuba" 487: 396: 366: 343:"Amnesty International Report 2008 •" 61: 425:"Cuba punk rocker spared jail term" 143:, sentenced to four years in prison 13: 208:Dangerousness and Criminal Justice 14: 521: 323:"Leading Cuban musician arrested" 16:Category of anti-social behaviour 201:A Jurisprudence of Dangerousness 467: 442: 417: 369:"Human rights concerns in Cuba" 183: 360: 316: 309:Morris, Norval; Miller, Marc. 303: 296:Morris, Norval; Miller, Marc. 278: 248: 194:Future Dangerousness Revisited 113:Pre-criminal danger to society 96:In the Elizabethan period, in 49:to some antisocial behaviour. 39:Anti-social Behaviour Act 2003 1: 241: 367:Michel, Louis (March 2008). 311:Predictions of Dangerousness 298:Predictions of Dangerousness 149:, sentenced to two years of 147:Guillermo Espinosa Rodríguez 7: 510:Human rights abuses in Cuba 214: 192:DeLisi, Matt; Munoz, Ed A. 10: 526: 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, 181: 477:. Human Rights Watch. 376:Amnesty International 167: 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 22:is a category of 517: 479: 478: 471: 465: 464: 462: 461: 446: 440: 439: 437: 436: 431:. 30 August 2008 421: 415: 414: 403: 394: 393: 391: 390: 384: 378:. Archived from 373: 364: 358: 357: 355: 354: 345:. Archived from 339: 330: 329:, 27 August 2008 320: 314: 307: 301: 294: 285: 282: 276: 267: 258: 252: 236:civil commitment 179: 121:Cuban government 525: 524: 520: 519: 518: 516: 515: 514: 485: 484: 483: 482: 473: 472: 468: 459: 457: 448: 447: 443: 434: 432: 423: 422: 418: 405: 404: 397: 388: 386: 382: 371: 365: 361: 352: 350: 341: 340: 333: 321: 317: 308: 304: 295: 288: 283: 279: 268: 261: 253: 249: 244: 217: 186: 180: 174: 64: 17: 12: 11: 5: 523: 513: 512: 507: 502: 497: 481: 480: 466: 441: 416: 395: 359: 331: 315: 302: 286: 277: 259: 246: 245: 243: 240: 239: 238: 233: 228: 223: 216: 213: 212: 211: 204: 197: 190: 185: 182: 172: 154: 153: 144: 138: 63: 60: 35:United Kingdom 15: 9: 6: 4: 3: 2: 522: 511: 508: 506: 503: 501: 498: 496: 493: 492: 490: 476: 470: 455: 451: 445: 430: 426: 420: 412: 408: 402: 400: 385:on 2011-07-15 381: 377: 370: 363: 349:on 2008-09-09 348: 344: 338: 336: 328: 324: 319: 312: 306: 299: 293: 291: 281: 274: 272: 266: 264: 256: 251: 247: 237: 234: 232: 229: 227: 224: 222: 219: 218: 209: 205: 202: 198: 195: 191: 188: 187: 177: 171: 166: 162: 159: 152: 148: 145: 142: 139: 136: 133: 132: 131: 128: 126: 122: 118: 114: 109: 107: 106:United States 103: 102:Vagrancy Acts 99: 94: 90: 88: 83: 81: 77: 73: 69: 59: 57: 56: 50: 48: 44: 43:United States 40: 36: 32: 27: 25: 21: 505:Human rights 495:Criminal law 469: 458:. Retrieved 456:. 2010-02-27 453: 444: 433:. Retrieved 428: 419: 410: 387:. Retrieved 380:the original 362: 351:. Retrieved 347:the original 326: 318: 310: 305: 297: 280: 270: 254: 250: 207: 206:Floud Jean, 200: 193: 184:Bibliography 168: 163: 158:Gorki Águila 155: 151:house arrest 129: 112: 110: 101: 95: 91: 84: 71: 65: 53: 51: 30: 28: 19: 18: 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 491:: 452:. 427:. 409:. 398:^ 374:. 334:^ 325:, 289:^ 262:^ 463:. 438:. 413:. 392:. 356:. 275:.

Index

anti-social behaviour
United Kingdom
Anti-social Behaviour Act 2003
United States
civil confinement
nulla poena sine lege
rule of law
Fourteenth Amendment
standard of proof
Italy
England
United States
Cuban law
Cuban government
Amnesty International
Raymundo Perdigon Brito
José Oscar Sánchez Madan
Guillermo Espinosa Rodríguez
house arrest
Gorki Águila
Human Rights Watch
Human rights in Cuba
Censorship in Cuba
Black Spring (Cuba)
civil commitment


CRIMINAL PREVENTION IN ITALY From the “Pica Act” to the “Anti-Mafia Code”, by Daniela Cardamone, European Rights, 26 aprile 2016

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