Predictive Sentencing: Normative and Empirical Perspectives

Criminal Law

Predictive Sentencing: Normative and Empirical Perspectives

Edited by Jan W. de Keijser · Julian V. Roberts · Jesper Ryberg
Hart Publishing December 2020

Specifications

ISBN-13
9781509946082
Publisher
Hart Publishing
Publication
December 2020
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of Contents

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 F.J.C. 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 G.C. van Wingerden
14. Sentencing and Prediction: Old Wine in Old Bottles
Michael Tonry
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