Predictive Sentencing

Predictive Sentencing 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.

Autorentext

Jan W de Keijser is Professor of Criminology at the University of Leiden, The Netherlands.
Julian V Roberts is Professor of Criminology at the University of Oxford, and Fellow of Worcester College, Oxford.
Jesper Ryberg is Professor of Ethics and Philosophy of Law at the Department of Philosophy at Roskilde University, Denmark.

Zusammenfassung
Predictive Sentencing 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.

Inhalt

1. Introduction: Normative and Empirical Perspectives on Predictive Sentencing
   Jan W de Keijser, Julian V Roberts and Jesper Ryberg
   
   2. The Use of Risk Assessment in Sentencing
      Esther FJC van Ginneken
   3. Why Legal Philosophers (Including Retributivists) Should Be Less Resistant to Risk-Based Sentencing
      Douglas Husak
   4. Risk and Retribution: On the Possibility of Reconciling Considerations of Dangerousness and Desert
      Jesper Ryberg
   5. Is Preventive Detention Morally Worse than Quarantine?
      Th omas Douglas
   6. Against Incapacitative Punishment
      Zachary Hoskins
   7. A Defence of Modern Risk-Based Sentencing 7
      Christopher Slobogin
   8. Some Dilemmas of Indeterminate Sentences: Risk and Uncertainty, Dignity and Hope
      Andrew Ashworth and Lucia Zedner
   9. The Problematic Role of Prior Record Enhancements in Predictive Sentencing
      Julian V Roberts and Richard S Frase
   10. Unpacking Sentencing Algorithms: Risk, Racial Accountability and Data Harms
       Kelly Hannah-Moff at and Kelly Struthers Montford
   11. The Scientific Validity of Current Approaches to Violence and Criminal Risk Assessment
       Seena Fazel
   12. Risk Assessment at Sentencing: The Pennsylvania Experience
       Rhys Hester
   13. Predictive Sentencing: An Analysis of Public Views
       Jan W de Keijser and Sigrid GC van Wingerden
   14. Sentencing and Prediction: Old Wine in Old Bottles
       Michael Tonry