Misure di prevenzione e giudizio di pericolosità sociale. Nuove prospettive e modelli d'intervento

Preventive measures are legal restrictions on an individual's freedom, detached from prior criminal responsibility assessment, designed to fulfill the State's preventive needs. The institutions are required to make prognostic predictions never certain only based on probability. While criminal predictions can be acceptable in the criminal law, in the context of preventive measures, the margin for error becomes more delicate because operate both before and after offense. The contents of this doctoral research, embraced within the paradigm of intersectionality and transformative-learning theory, consider the interrelationships between technical rationality and reflective rationality in the thinking of judges, to read the interdependencies between social systems, categories and thought. Emerge that the prediction of dangerousness is developed through an intuitive method, driven primarily by prudence, sensitivity, and experience. This method lacks a scientific foundation as it can be influenced by deeply variable personal beliefs, liable of judgment bias. The risk is that of a logical distortion of facts, incompatible with the constitutional guarantees and the principle of legal certainty. Becomes useful to ascertain whether sector-specific knowledge and implicit knowledge are sufficient to address complex issues, or if in a transformative-learning perspective, it is possible to propose an interdisciplinary approach based on reflective thinking.