Violent extremism risk assessment in the Australian courts; professional and ethical challenges for the expert witness in post sentence preventative detention cases
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引用次数: 1
Abstract
ABSTRACT Since 2016, Federal legislation has been in place in Australia allowing for post sentence preventative detention of individuals deemed to pose an unacceptable risk of committing a serious terrorism offence if they were released into the community. This type of legislation poses significant legal, moral and ethical issues as it balances the rights of the community to be protected from harm against the rights of an offender to be released at the end of a finite prison sentence. Courts are required to obtain reports from psychiatrists and/or psychologists as expert witnesses addressing the issue of risk. In this paper, we examine whether the current state of knowledge regarding violent extremism risk assessment meets the legal standards for admissibility and reliability, and we provide guidance on how to address the professional and ethical challenges which are inherent in this work.
期刊介绍:
The Journal of Policing, Intelligence and Counter Terrorism (JPICT) is an international peer reviewed scholarly journal that acts as a forum for those around the world undertaking high quality research and practice in the areas of: Policing studies, Intelligence studies, Terrorism and counter terrorism studies; Cyber-policing, intelligence and terrorism. The Journal offers national, regional and international perspectives on current areas of scholarly and applied debate within these fields, while addressing the practical and theoretical issues and considerations that surround them. It aims to balance the discussion of practical realities with debates and research on relevant and significant theoretical issues. The Journal has the following major aims: To publish cutting-edge and contemporary research articles, reports and reviews on relevant topics; To publish articles that explore the interface between the areas of policing, intelligence and terrorism studies; To act as an international forum for exchange and discussion; To illustrate the nexus between theory and its practical applications and vice versa.