ABSTRACT
Broadly speaking, the recent history of criminal justice reflects a tension between the politics of crime control and the civil libertarian demand for due process. As Law 3.0 takes hold to become the dominant regulatory mentality, one can expect there to be a focus on the effective management of risk, on ex ante prevention, and on the use of technological measures. In this context, Amber Marks, Ben Bowling, and Colman Keenan suggest that the direction of travel is towards an increasingly automated justice system that undercuts the safeguards of the traditional criminal justice model. In the United Kingdom, advocates of crime control saw this biotechnological breakthrough as an important tool for the police and prosecutors, and the legislative framework was duly amended to authorise very extensive taking and retention of profiles. Even when legal proceedings were dropped or suspects were acquitted, the law authorised the retention of the profiles that had been taken.
