scholarly journals Determinate Sentencing and the Epidemic of Biases in American Courts

Philologia ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 28
Author(s):  
Ian Willis
Keyword(s):  
Determinate Sentencing

Retributive Whisper: Communicative Elements in Parole

2015 ◽  
Vol 40 (03) ◽  
pp. 611-630 ◽  
Author(s):  
Netanel Dagan ◽  
Dana Segev
Keyword(s):  
Determinate Sentencing ◽  
Core Elements

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.

An Assessment of the Development and Outcomes of Determinate Sentencing in Florida

2010 ◽  
Vol 12 (1) ◽  
pp. 41-71 ◽  
Author(s):  
William D. Bales ◽  
Gerry G. Gaes ◽  
Thomas G. Blomberg ◽  
Kerensa N. Pate
Keyword(s):  
Determinate Sentencing

The Second Coming of Dignity

2017 ◽  
Author(s):  
Jonathan Simon
Keyword(s):  
Mental Health ◽  
Supreme Court ◽  
20Th Century ◽  
Human Dignity ◽  
Mass Incarceration ◽  
Institutional Racism ◽  
Democratic Legitimacy ◽  
Legal Systems ◽  
Determinate Sentencing ◽  
Legal Commitments

In this chapter, Jonathan Simon argues that the modern criminal system should adopt the value of dignity as its governing ideal. The chapter argues that the legality principle—once a primary engine for strengthening the criminal system’s democratic legitimacy—has exhausted its sociological and jurisprudential power. Surveying 150 years of criminal legal commitments, this chapter shows how the legality principle rose to prominence as a vehicle for reform and accountability, and then fell under pressure from mass incarceration and institutional racism. Accordingly, the legality principle should be supplemented with a dignity principle, “an increasingly prominent value in legal systems internationally since the middle of the 20th century.” Simon traces the development of various forms of dignity in Supreme Court jurisprudence, from police procedure to prison conditions, determinate sentencing, and mental health. The chapter concludes that “the great banner reading ‘nulla poena sine lege’ must now be, not lowered, but joined by another banner of ‘no crime and no punishment without respect for human dignity.’”

Determinate Penalty Systems in America: an Overview

1981 ◽  
Vol 27 (3) ◽  
pp. 289-316 ◽  
Author(s):  
Andrew von Hirsch ◽  
Kathleen Hanrahan
Keyword(s):  
Preliminary Assessment ◽  
The Past ◽  
Determinate Sentencing ◽  
Administrative Rules

Determinate sentencing has generated a great deal of interest over the past several years. The sentencing law and administrative rules in many states have been amended in ways intended to create determinate penalty systems. This article is based on the findings of a survey of these law and rule revisions. The article provides an overview of the various approaches to determinacy and a preliminary assessment of these systems.

Determinate sentencing: A feminist and postmodern story

1996 ◽  
Vol 13 (4) ◽  
pp. 611-648 ◽  
Author(s):  
Nancy A. Wonders
Keyword(s):  
Determinate Sentencing

Supervised Release: Looking for a Place in a Determinate Sentencing System

1994 ◽  
Vol 6 (4) ◽  
pp. 187-189
Author(s):  
Barbara Meierhoefer Vincent
Keyword(s):  
Determinate Sentencing ◽  
Supervised Release

Determinate sentencing: the promise and the reality of retributive justice

1992 ◽  
Vol 29 (05) ◽  
pp. 29-3024-29-3024
Keyword(s):  
Retributive Justice ◽  
Determinate Sentencing
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