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Predictive Sentencing: Normative and Empirical Perspectives

Predictive Sentencing: Normative and Empirical Perspectives

Name: Predictive Sentencing: Normative and Empirical Perspectives
Brand: Hart Publishing
SKU: 9781509946082
Price: 504.27 HKD
Availability: InStock
Author: Jan W. de Keijser; Julian V. Roberts; Jesper Ryberg
ISBN: 9781509946082

Edited by Jan W. de Keijser · Julian V. Roberts · Jesper Ryberg

Hart Publishing December 2020

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

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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.

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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Table of Contents

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