Criminal Justice Ethics 37 (2):164-181 (2018)

Authors
William Bülow O'Nils
Stockholm University
Abstract
Indeterminate sentencing is a sentencing practice where offenders are sentenced to a range of potential imprisonment terms and where the actual release date is determined later, typically by a parole board. Although indeterminate sentencing is often considered morally problematic from a retributivist perspective, Michael O’Hear has provided an interesting attempt to reconcile indeterminate sentencing with the communicative version of retributivism developed by Antony Duff. O’Hear’s core argument is that delayed release, within the parameters of the indeterminate sentence, can be seen as an appropriate retributivist response to the violations of prison rules. This article highlights several problems in O’Hear’s proposal and argues that the communicative theory is not easily reconciled with his proposed model for indeterminate sentencing. In conclusion, it is argued that proponents of the communicative version of retributivism should resist indeterminate prison sentences.
Keywords Imprisonment  Sentencing
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DOI 10.1080/0731129X.2018.1500134
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References found in this work BETA

The Moral Education Theory of Punishment.Jean Hampton - 1984 - Philosophy and Public Affairs 13 (3):208-238.
Prison on Appeal: The Idea of Communicative Incarceration.Alasdair Cochrane - 2017 - Criminal Law and Philosophy 11 (2):295-312.

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