Deserved Delayed Release? The Communicative Theory of Punishment and Indeterminate Prison Sentences. Issue 2 (4th May 2018)

• Record Type: Journal Article
• Authors: Bülow, William
• Is Part Of: Criminal justice ethics. Volume 37:Issue 2(2018)
• Page Start: 164
• Page End: 181
• Publication Date: 2018-05-04
• Subjects: backup sanctions -- communicative theory of punishment -- Antony Duff -- Michael O'Hear -- indeterminate sentencing -- imprisonment; Criminal justice, Administration of -- Periodicals; Criminal justice, Administration of -- United States -- Periodicals; Social justice -- Periodicals; Social ethics -- Periodicals; 174.9364
• DOI: 10.1080/0731129X.2018.1500134
• Languages: English
• ISSNs: 0731-129X

Abstract

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.