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Using Parole to Constitutionally Reconcile the Criminal Punishment Goals of Desert and Incapacitation
| Content Provider | Semantic Scholar |
|---|---|
| Author | Pollock, Adam |
| Copyright Year | 2006 |
| Abstract | Many criminal justice systems incapacitate potentially dangerous offenders following the completion of their deserved sentences. Modes of incapacitation include lengthy prison sentences, recidivist statutes, and the post-sentence commitment of sexually violent predators. These efforts, however, are unjust in that they imprison many offenders long after their so-called "debt to society" has been paid and their dangerousness has passed. A just society should imprison more accurately. Professor Paul H. Robinson' legitimately criticizes the use of the criminal justice system for incapacitating dangerous criminals beyond their deserved sentences. He argues that incapacitation is wholly incompatible with retribution or 'just deserts." Therefore, he proposes first, tying prison sentence length to desert and second, using a post-sentence civil commitment system to incapacitate dangerous criminals.4 |
| Starting Page | 115 |
| Ending Page | 115 |
| Page Count | 1 |
| File Format | PDF HTM / HTML |
| Volume Number | 8 |
| Alternate Webpage(s) | https://www.law.upenn.edu/journals/conlaw/articles/volume8/issue1/Pollock8U.Pa.J.Const.L.115(2006).pdf |
| Alternate Webpage(s) | https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=1267&context=jcl |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
