TY - JOUR
T1 - Crime, Character, and the Evolution of the Penal Message
AU - Zimran, Adiel
AU - Dagan, Netanel
N1 - Publisher Copyright:
© The Author(s) 2024.
PY - 2024
Y1 - 2024
N2 - Scholars depict punishment as a moral dialogue between the community and the offender, which addresses both the offender’s crime and character. However, how the penal message evolves vis a vis that crime and character as it passes through the different stages of the criminal process has remained under-theorized. This article, building on communicative theory, explores the interrelation between crime and character along the penal process, from sentencing, through prison, to parole release. We argue that in the penal dialogue the relationship between crime and character evolves in a dynamic way through three phases: separateness (sentencing), fusion (prison), and re-distinction (parole) of crime and character. The proposed analysis develops the communicative meaning of the penal process, provides a normative account of the work of punishment administration authorities, and explores applications of our proposed normative analysis for the administration of the punishment.
AB - Scholars depict punishment as a moral dialogue between the community and the offender, which addresses both the offender’s crime and character. However, how the penal message evolves vis a vis that crime and character as it passes through the different stages of the criminal process has remained under-theorized. This article, building on communicative theory, explores the interrelation between crime and character along the penal process, from sentencing, through prison, to parole release. We argue that in the penal dialogue the relationship between crime and character evolves in a dynamic way through three phases: separateness (sentencing), fusion (prison), and re-distinction (parole) of crime and character. The proposed analysis develops the communicative meaning of the penal process, provides a normative account of the work of punishment administration authorities, and explores applications of our proposed normative analysis for the administration of the punishment.
KW - Character
KW - Communicative theory
KW - Crime
KW - Parole
KW - Prison
KW - Sentencing
UR - http://www.scopus.com/inward/record.url?scp=85189160297&partnerID=8YFLogxK
U2 - 10.1007/s11572-024-09732-9
DO - 10.1007/s11572-024-09732-9
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AN - SCOPUS:85189160297
SN - 1871-9791
JO - Criminal Law and Philosophy
JF - Criminal Law and Philosophy
ER -