Legal Definitions - preventive justice

Preventive justice refers to legal actions or measures taken by the state or courts with the primary goal of averting potential harm, crime, or wrongdoing before it actually occurs. Unlike traditional justice, which often focuses on punishing past offenses, preventive justice aims to intervene proactively to prevent future breaches of law, threats to public safety, or other anticipated harms.

• Example 1: Restraining Order for Threatened Violence

  Imagine a situation where an individual has made credible and repeated threats of violence against a former colleague, but no physical harm has yet occurred. The former colleague, fearing for their safety, seeks legal protection. A court might issue a restraining order prohibiting the threatening individual from coming within a certain distance of the former colleague, contacting them, or visiting their workplace.

  This illustrates preventive justice because the legal system is intervening proactively to prevent the threatened violence from materializing. The court is not waiting for an assault to occur before taking action; instead, it is imposing restrictions to avert future harm.

• Example 2: Public Health Quarantine Measures

  During an outbreak of a highly contagious infectious disease, public health authorities might issue orders requiring individuals who have been exposed to the virus to self-isolate or quarantine for a specific period, even if they are not yet showing symptoms. This measure is often legally enforceable.

  This is an act of preventive justice because the primary aim is to stop the potential spread of the disease to the wider community. The authorities are taking action to prevent future infections and a larger public health crisis, rather than waiting for individuals to become symptomatic and infect others.

• Example 3: Asset Freeze in Anticipated Fraud

  Consider a scenario where financial regulators uncover strong evidence that a group of individuals is actively planning a large-scale investment fraud scheme, but the fraudulent transactions have not yet been fully executed, and the funds have not been completely transferred out of the country. To protect potential victims, a court might issue an order to freeze the bank accounts and assets of the individuals involved.

  This demonstrates preventive justice because the legal action (freezing assets) is taken to prevent the completion of the fraud and the dissipation of funds. The goal is to protect potential victims from financial loss *before* the full extent of the crime can be executed and the money disappears.