An interesting question:

assuming that psychology and the cognitive sciences have in fact managed to locate the factors in our brain affecting our behavior and quantify it in terms of numbers and statistics - a probability. This number can be used to show if we are likely to commit crimes.

Do we then capture people who have a high propensity to commit crime even if they had not done so? Since by this statistic they are projected to commit crimes in the future, do we preempt this and just capture everyone who has criminal tendencies?