Introduction : normative and empirical perspectives on predictive sentencing / Jan W de Keijser, Julian V Roberts and Jesper Ryberg -- The use of risk assessment in sentencing / Esther FJC van Ginneken -- Why legal philosophers (including retributivists) should be less resistant to risk-based sentencing / Douglas Husak -- Risk and retribution : on the possibility of reconciling considerations of dangerousness and desert / Jesper Ryberg -- Is preventive detention morally worse than quarantine? / Thomas Douglas -- Against incapacitative punishment / Zachary Hoskins -- A defence of modern risk-based sentencing / Christopher Slobogin -- Some dilemmas of indeterminate sentences : risk and uncertainty, dignity and hope / Andrew Ashworth and Lucia Zedner -- The problematic role of prior record enhancements in predictive sentencing / Julian V Roberts and Richard S Frase -- Unpacking sentencing algorithms : risk, racial accountability, and data harms / Kelly Hannah-Moffat and Kelly Struthers Montford -- The scientific validity of current approaches to violence and criminal risk assessment / Seena Fazel -- Risk assessment at sentencing : the Pennsylvania experience / Rhys Hester -- Predictive sentencing : an analysis of public views / Jan W de Keijser and Sigrid van Wingerden -- Sentencing and prediction : old wine in old bottles / Michael Tonry.
Summary:
"The volume addresses the role of risk assessment in contemporary sentencing practices. Predictive sentencing has become so deeply ingrained in Western criminal justice decision making that despite early ethical discussions about selective incapacitation, it currently attracts little critique. Nor has it been subjected to a thorough normative and empirical scrutiny. This is problematic since much current policy and practice concerning risk predictions is inconsistent with mainstream theories of punishment. Moreover, predictive sentencing exacerbates discrimination and disparity in sentencing. Although structured risk assessments may have replaced 'gut feelings', and have now been systematically implemented in western justice systems, the fundamental issues and questions that surround the use of risk assessment instruments at sentencing remain unresolved. This volume critically evaluates these issues and will be of great interest to scholars of criminal justice and criminology working in the area"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.