Tokens: 52
.
This
political
choice
was
by
no
means
a
result
of
humanist
thinking
or
serious
consideration
of
the
problems
related
to
prognosis
with
young
people
.
Instead
it
was
an
obvious
opportunity
to
get
rid
of
the
true
limiting
condition
that
could
in
practice
obstruct
the
ordering
of
retrospective
preventive
detention
.
With
respect
to
the
law
for
adults
,
it
had
been
the
necessity
of
nova
which
,
according
to
the
case
-
law
of
the
Federal
Court
of
Justice
,
often
led
to
a
dismissal
of
retrospective
preventive
detention.[146
]
The
Federal
Court
of
Justice
made
clear
that
any
fact
that
was
considered
or
could
have
been
considered
by
a
careful
trial
judge
could
not
serve
as
nova
justifying
retrospective
preventive
detention.[147
]
The
requirement
of
nova
,
as
understood
by
the
Federal
Court
of
Justice
,
was
at
the
time
the
only
serious
,
effective
barrier
to
the
ordering
of
retrospective
preventive
detention
for
numerous
prisoners
.
This
was
exactly
what
the
legislator
wanted
to
avoid
in
the
case
of
juveniles
.
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