ABSTRACT

The legitimacy of precrime analytics is rooted in conceptions of law as having multiple meanings and modalities. Law is statutory, regulatory, codified, adjudicative, interpretive, invented, interstitial, and socially practiced. The notion that law has interpretive possibilities outside of formal legal institutions is of course indicative of its sociality. As the shift towards administrative ethics has inculcated criminal law, it is evident that the prevention of risks of harm is at the center of the shift. The temporal connection to a criminal event is ever more opaque in the context of civil forfeiture and peace bonds. Future areas of inquiry should look into offences that determine criminality on the basis of risk or threats of harm, or on the basis of proximity to a criminal event that never crystallizes. New offences are created every year, and there is a backlog of offences, new and old, to investigate.