שני מושגים של שלילת חירות: היחס בין שיקולי הענישה לתכליות הכליאה והשפעתו על זכויות האסיר

This article presents an analysis of prison rights as a sentencing theory problem. Two models of prison law explored – narrow and expansive. Each model gives a different place for punitive considerations (retributive and deterrent) for limiting prisoners’ rights (aside from prison security and safety purposes). The article contextualizes each model in European (narrow model) and the US (expansive model) prison law and policies. Furthermore, the article offers a critical assessment of each model and argue that even though the narrow model has some limitations, it serves more properly the sentencing purposes. Finally, the article analyzes the Israeli prison law and argues that it reflects different elements that belong to both the narrow and expansive model. The article concludes with two directions for possible future legal reforms: first, by defining the purposes of imprisonment formally in law; and second, by expanding the possibility for judicial review of prison authorities’ discretion in penal-related prison conditions cases.