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By Luigi Ferrajoli

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Similar trends also occurred in Britain (Stenson 2001). However, Flynn (1978) also noted that the swing from rehabilitation to ‘just deserts’ punishment was also doomed to failure, not least because deterrence cannot be guaranteed and long-term recidivism may not be affected, and because there is a need ‘to reassess the use of prisons . . to find ways to reduce their burgeoning populations in ways consistent with public safety’ (Flynn 1978: 133). The role of ‘just deserts’ sentencing in producing large prison populations in Britain and the USA throughout the 1980s is well documented (Young 1999).

Rigakos and Hadden (2001) trace it back to seventeenth-century concerns with panoptical surveillance and regulation of citizens, especially within the emerging capitalist cities such as London (Mykannen 1994). This meshing represents an early precursor of the risk society deploying techniques of discipline through ‘knowing’ and ‘aggregating’ populations, and controlling dangers through calculative techniques of assessment and profiling individuals for increased surveillance and where necessary segregation especially through prison and asylums (Bartlett 1997).

The detailed study of local practice in public protection panels illustrates that systems supposedly led by the new penology of risk do not necessarily exhibit all its key features. In brief, panel members resembled O’Malley’s (2001a) mariners, as much informed by ‘professional judgement’, ‘instinct’ and anecdote as by formal risk assessment tools. Actuarial tools do not neatly replace professional judgement, and risk assessments tend towards a hybrid of the two with assessors mediating actuarial scores with overriding clinical judgements.

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