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Criminal Justice, Risk and the Revolt against UncertaintyCharacter Retribution as a Brake on Risk-Driven Criminal Justice

Criminal Justice, Risk and the Revolt against Uncertainty: Character Retribution as a Brake on... [This chapter explores the interaction between risk, just desert, and character retribution considerations in sentencing and parole. Through analyzing American and Israeli sentencing and parole cases, we show how, in practice, court uses risk, just desert, and character retribution considerations in parole case law and how character retribution may function as a brake on excessive punishment and bring to the parole decisions individualistic assessment within retributive sentencing framework. The rise of character retribution may show how it is possible to challenge the theoretical claims that risk is becoming the driving force of contemporary criminal justice.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Criminal Justice, Risk and the Revolt against UncertaintyCharacter Retribution as a Brake on Risk-Driven Criminal Justice

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Publisher
Springer International Publishing
Copyright
© The Editor(s) (if applicable) and The Author(s) 2020
ISBN
978-3-030-37947-6
Pages
69 –89
DOI
10.1007/978-3-030-37948-3_4
Publisher site
See Chapter on Publisher Site

Abstract

[This chapter explores the interaction between risk, just desert, and character retribution considerations in sentencing and parole. Through analyzing American and Israeli sentencing and parole cases, we show how, in practice, court uses risk, just desert, and character retribution considerations in parole case law and how character retribution may function as a brake on excessive punishment and bring to the parole decisions individualistic assessment within retributive sentencing framework. The rise of character retribution may show how it is possible to challenge the theoretical claims that risk is becoming the driving force of contemporary criminal justice.]

Published: Mar 18, 2020

Keywords: Character retribution; Just desert; Parole; Punishment theories; Retributarianism

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