Retributive Whisper: Communicative Elements in Parole

Netanel Dagan, Dana Segev

Research output: Contribution to journalArticlepeer-review

6 Scopus citations

Abstract

The aims of retributive or nonutilitarian sentencing are said to conflict with parole as part of a determinate sentencing framework. In this article, we claim that a nonutilitarian approach to punishment does not necessarily conflict with parole. In particular, by adopting core elements of Duff's framework of communicative sentencing, we argue that parole inherently holds a communicative meaning in the form of retributive whisper and can thus be reconciled with a nonutilitarian approach to punishment. In addition, we explore a way to enhance the communicative potential in the parole process and suggest that by recognizing and further incorporating the inherent communicative message in parole we can increase or maximize the board's communicative potential. Finally, we discuss some benefits that can emerge from adapting a communicative sentencing framework to the parole process.

Original languageAmerican English
Pages (from-to)611-630
Number of pages20
JournalLaw and Social Inquiry
Volume40
Issue number3
DOIs
StatePublished - 1 Jun 2015
Externally publishedYes

Bibliographical note

Publisher Copyright:
© 2015 American Bar Foundation.

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