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Predictive Sentencing: Normative and Empirical Perspectives

Predictive Sentencing: Normative and Empirical Perspectives

Author: Jan W. de Keijser; Julian V. Roberts; Jesper Ryberg
Publisher: Hart Publishing
ISBN: 9781509946082

Published In: December 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509921416

List Price: HKD 519.87

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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