Zero-risk logic justifies indefinite detention even when reoffending is rare

Evidence

Pressed by defence counsel to explain the risks that someone like Mr Jaballah posed, P.G. relied on the example of Guantanamo Bay. According to a news article, ten people released from Guantanamo re-engaged in terrorist activity. When it was pointed out to him that only 10 of the 250 released re-offended, P.G. was undeterred. Since there is no way to predict which 10 will re-offend, and as long as the risk is not zero, no one should be released. — Sherene Razack, Casting Out, 132 (#corroborates, via linked claim)

Categorization

• XREF: connects to: Incarceration without treating addiction fails to deter repeat drug offending. — G. Alan Tarr, Judicial Process and Judicial…, 1947; Zero-risk logic justifies detention despite a 4 percent recidivism rate — Sherene Razack, Casting Out: The Eviction of Muslims…, 132; Prior checking before activity enables preventive rather than retrospective justice — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 753 (+2 more)

Broader Connections

• Zero-risk logic justifies detention despite a 4 percent recidivism rate #corroborates (0.97) — Sherene Razack, Casting Out, 132