Character Retribution as a Brake on Risk-Driven Criminal Justice

Netanel Dagan, H. Dancig-Rosenberg

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

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.
Original languageAmerican English
Title of host publicationCriminal Justice, Risk and the Revolt against Uncertainty
EditorsJohn Pratt, Jordan Anderson
Place of PublicationCham
Pages69-89
ISBN (Electronic)978-3-030-37948-3
StatePublished - 2020

Publication series

NamePalgrave Studies in Risk, Crime and Society

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