Dangerosité : du juge influencé par l'expert au juge indépendant

Abstract

In our Western society, which has become intolerant of risk, the identification, treatment and management of “dangerous offenders” have taken on a predominant role in criminal law enforcement in recent years. In the current context, dangerousness and actuarial methods have become decisive factors, and psychiatric expertise one of the keystones of criminal justice. The concept of just punishment is no longer viewed through the prism of fault, as the notion of dangerousness has freed itself from the notions of guilt and intent, but through the prism of prediction. As a result, the question submitted to the expert by the courts now seems more relevant: is the offender who has committed a fault dangerous? This study takes a critical look at the situation that currently prevails between the offender, the judge and the expert in the assessment of dangerousness.