Probability in Philosophical Theories and Criminal Risk

Abstract

Abstract:

This study seeks to define criminal dangerousness, its nexuses, and their relationship to the concept of (probability), as well as the extent to which probability is simultaneously viewed as a criterion and an element in the seriousness of the crime. The modern philosophy of the criminal legislator, whose pillars were structured on the main criminal schools and their theories as a social standard established for the public interest, was taken from the notion of the basic probability in criminalization and the findings of criminal danger to determine criminal responsibility in accordance with certain regulations. This concept was founded on these schools of philosophy. However, the importance of probability in assessing criminal dangerousness and defining the level of criminal responsibility varies according to each school. Regardless of the criminal personality, the criminal dangerousness is regarded as a center of criminal studies, particularly after the emphasis was placed on the material aspect of the crime. Probability is an element of danger that is the main incubator for important elements the probability and the commission of the next crime, and these elements have always raised controversy in the philosophy of criminal law. The trend of modern criminal policy focused on studying the personality of the criminal to find ways to protect society from the possibility of this danger in the future. Probability is a component of danger that serves as the primary breeding ground for crucial components like the likelihood that the next crime will be committed and its probability, both of which have long been controversy in the philosophy of criminal law. The focus of modern criminal policy has been on characterizing criminals in order to discover strategies to safeguard society against potential threats in the future.