干旱区生态环境知识资源中心(Arid): After the Gavel Falls: Rethinking the Relationship Between Sentencing and Prison Functions

Arid

DOI	10.1007/s11572-021-09610-8
	After the Gavel Falls: Rethinking the Relationship Between Sentencing and Prison Functions
	Dagan, Netanel; Baron, Shmuel
通讯作者	Dagan, N (corresponding author), Hebrew Univ Jerusalem, Fac Law, Inst Criminol, Jerusalem, Israel.
来源期刊	CRIMINAL LAW AND PHILOSOPHY
ISSN	1871-9791
EISSN	1871-9805
出版年	2021-09
英文摘要	The relationship between the purposes of sentencing and imprisonment can be variously conceptualized. The paper theorizes and contrasts two models of sentencing and prison relations-continuity and separation. The continuity model assumes continuity between sentencing and prison regime. Under this model, all sentencing purposes may impact prison regime. The separation model distinguishes between the purposes of sentencing and of imprisonment. Under the separation model, the retributive element of imprisonment is completely fulfilled by depriving the prisoner of liberty. Retributive considerations can affect only the duration of the sentence, while prison regime is determined solely according to rehabilitation/risk and prison security considerations. The paper problematizes the separation model as it suffers from two difficulties: (a) the idea that the retributive element of imprisonment is fully fulfilled by depriving the prisoner's liberty undermines the hard treatment element of the retributive punishment. Relatedly, since no prison regime can deprive a person solely of liberty no custodial sentence can be justified; (b) given the inability to isolate the denial of liberty as the only deprivation of imprisonment, the separation model also encourages judges to underestimate and feel less responsible for the full meaning of their decision to imprison. Finally, the paper will argue that liberal prison conditions may (and should) be achieved even when seeing retribution as relevant for prison life and will offer possible ways to do so.
英文关键词	Retributivism Sentencing Prison conditions Punishment Desert Criminal justice Prison law
类型	Article ; Early Access
语种	英语
收录类别	ESCI
WOS记录号	WOS:000698887600002
WOS关键词	PUNISHMENT ; VIOLENCE ; PAINS
WOS类目	Law
WOS研究方向	Government & Law
来源机构	Hebrew University of Jerusalem
资源类型	期刊论文
条目标识符	http://119.78.100.177/qdio/handle/2XILL650/362914
作者单位	[Dagan, Netanel] Hebrew Univ Jerusalem, Fac Law, Inst Criminol, Jerusalem, Israel; [Baron, Shmuel] Univ Toronto, Fac Law, Toronto, ON, Canada
推荐引用方式 GB/T 7714	Dagan, Netanel,Baron, Shmuel. After the Gavel Falls: Rethinking the Relationship Between Sentencing and Prison Functions[J]. Hebrew University of Jerusalem,2021.
APA	Dagan, Netanel,&Baron, Shmuel.(2021).After the Gavel Falls: Rethinking the Relationship Between Sentencing and Prison Functions.CRIMINAL LAW AND PHILOSOPHY.
MLA	Dagan, Netanel,et al."After the Gavel Falls: Rethinking the Relationship Between Sentencing and Prison Functions".CRIMINAL LAW AND PHILOSOPHY (2021).