Wednesday, January 1, 2014
Netanel Dagan and Dana Segev (Bar-Ilan University - Faculty of Law and PhD Candidate, Criminology Department, Bar-Ilan University) have posted Retributive Whisper: Communicative Elements in Parole (Law and Social Inquiry, Forthcoming) on SSRN. Here is the abstract:
The aims of retributive or non-utilitarian sentencing are said to conflict with parole. In this paper, we claim that a non-utilitarian approach to punishment does not necessarily contradict the parole. In particular, by adopting core elements of Duff’s framework of communicative sentencing, we argue that parole inherently holds a communicative meaning and can thus be reconciled with a non-utilitarian 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 adopting a communicative sentencing framework to the parole process.