Solitary confinement as state harm: Reimagining sentencing in light of dynamic censure and state blame
The continuous perpetration of unjustified harms by the carceral state through its use of solitary confinement justifies the creation of a novel process of automatic sentence review. This process is necessary to account for such state-perpetrated harms and communicate censure more accurately. This a...
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| Format: | Electronic Article |
| Language: | English |
| Published: |
2024
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| In: |
Punishment & society
Year: 2024, Volume: 26, Issue: 1, Pages: 72-90 |
| Online Access: |
Volltext (kostenfrei) |
| Journals Online & Print: | Drawer...
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| Check availability: | HBZ Gateway |
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| Summary: | The continuous perpetration of unjustified harms by the carceral state through its use of solitary confinement justifies the creation of a novel process of automatic sentence review. This process is necessary to account for such state-perpetrated harms and communicate censure more accurately. This article proposes the use of a communicative theory of punishment developed in sentencing to characterise and account for the state's wrongdoing and harms in the context of a sentence that involves solitary confinement. Specifically, it outlines a justification for an automatic review process of the offender's carceral sentence based on an expanded and relational understanding of censure developed in the literature and proposes a two-step process to implement this review. |
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| ISSN: | 1741-3095 |
| DOI: | 10.1177/14624745231184077 |
