Character Retribution as a Brake on Risk-Driven Criminal Justice

Netanel Dagan; Hadar Dancig-Rosenberg

doi:10.1007/978-3-030-37948-3_4

Character Retribution as a Brake on Risk-Driven Criminal Justice

Netanel Dagan^*
, Hadar Dancig-Rosenberg

^*Corresponding author for this work

Institute of Criminology

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

2 Scopus citations

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 language	English
Title of host publication	Palgrave Studies in Risk, Crime and Society
Publisher	Palgrave Macmillan
Pages	69-89
Number of pages	21
DOIs	https://doi.org/10.1007/978-3-030-37948-3_4
State	Published - 2020

Publication series

Name	Palgrave Studies in Risk, Crime and Society
Volume	Part F9180
ISSN (Print)	2946-2517
ISSN (Electronic)	2946-2525

Bibliographical note

Publisher Copyright:
© The Author(s) 2020.

Keywords

Character retribution
Just desert
Parole
Punishment theories
Retributarianism

Access to Document

10.1007/978-3-030-37948-3_4

Cite this

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AB - 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.

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Character Retribution as a Brake on Risk-Driven Criminal Justice

Abstract

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Bibliographical note

Keywords

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