Predictive Sentencing

Normative and Empirical Perspectives
Erscheinungsjahr 2020
ISBN: 978-1-5099-4608-2
Verlag: Hart Publishing

Buch, Englisch, 320 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 454 g

Predictive Sentencing addresses the role of risk assessment in contemporary sentencing practices. Predictive sentencing has become so deeply ingrained in Western criminal justice decision-making that despite early ethical discussions about selective incapacitation, it currently attracts little critique. Nor has it been subjected to a thorough normative and empirical scrutiny. This is problematic since much current policy and practice concerning risk predictions is inconsistent with mainstream theories of punishment. Moreover, predictive sentencing exacerbates discrimination and disparity in sentencing. Although structured risk assessments may have replaced 'gut feelings', and have now been systematically implemented in Western justice systems, the fundamental issues and questions that surround the use of risk assessment instruments at sentencing remain unresolved. This volume critically evaluates these issues and will be of great interest to scholars of criminal justice and criminology.

Autoren/Hrsg.

Keijser, Jan W de

Roberts, Julian V

Ryberg, Jesper

Fachgebiete

• Rechtswissenschaften Strafrecht

Inhaltsverzeichnis

1. Introduction: Normative and Empirical Perspectives on Predictive Sentencing

Jan W de Keijser, Julian V Roberts and Jesper Ryberg
2. The Use of Risk Assessment in Sentencing

Esther FJC van Ginneken
3. Why Legal Philosophers (Including Retributivists) Should Be Less Resistant to Risk-Based Sentencing

Douglas Husak
4. Risk and Retribution: On the Possibility of Reconciling Considerations of Dangerousness and Desert

Jesper Ryberg
5. Is Preventive Detention Morally Worse than Quarantine?

Th omas Douglas
6. Against Incapacitative Punishment

Zachary Hoskins
7. A Defence of Modern Risk-Based Sentencing 7
Christopher Slobogin
8. Some Dilemmas of Indeterminate Sentences: Risk and Uncertainty, Dignity and Hope

Andrew Ashworth and Lucia Zedner
9. The Problematic Role of Prior Record Enhancements in Predictive Sentencing

Julian V Roberts and Richard S Frase
10. Unpacking Sentencing Algorithms: Risk, Racial Accountability and Data Harms

Kelly Hannah-Moff at and Kelly Struthers Montford
11. The Scientific Validity of Current Approaches to Violence and Criminal Risk Assessment

Seena Fazel
12. Risk Assessment at Sentencing: The Pennsylvania Experience

Rhys Hester
13. Predictive Sentencing: An Analysis of Public Views

Jan W de Keijser and Sigrid GC van Wingerden
14. Sentencing and Prediction: Old Wine in Old Bottles

Michael Tonry

Über Autor(innen)

Ryberg, Jesper
Jesper Ryberg is Professor of Ethics and Philosophy of Law at the Department of Philosophy at Roskilde University, Denmark.

Keijser, Jan W de
Jan W de Keijser is Professor of Criminology at the University of Leiden, The Netherlands.

Roberts, Julian V
Julian V Roberts is Professor of Criminology at the University of Oxford and Fellow of Worcester College, UK.

Photo courtesy of Faculty of Law, University of Oxford.

Jan W de Keijser is Professor of Criminology at the University of Leiden, The Netherlands.
Julian V Roberts is Professor of Criminology at the University of Oxford, and Fellow of Worcester College, Oxford.
Jesper Ryberg is Professor of Ethics and Philosophy of Law at the Department of Philosophy at Roskilde University, Denmark.