Predictive Sentencing : Normative and Empirical Perspectives

Predictive Sentencing addresses the role of risk assessment in contemporary sentencing practices. Predictive sentencing has become so deeply ingrained in Western criminal justice decision-making that despite early ethical discussions about selective incapacitation, it currently attracts little critique. Nor has it been subjected to a thorough normative and empirical scrutiny. This is problematic since much current policy and practice concerning risk predictions is inconsistent with mainstream theories of punishment. Moreover, predictive sentencing exacerbates discrimination and disparity in sentencing. Although structured risk assessments may have replaced ‘gut feelings’, and have now been systematically implemented in Western justice systems, the fundamental issues and questions that surround the use of risk assessment instruments at sentencing remain unresolved. This volume critically evaluates these issues and will be of great interest to scholars of criminal justice and criminology working in the area. Acknowledgements Contents Notes on Contributors 1. Introduction: Normative and Empirical Perspectives on Predictive Sentencing I. Predictive Sentencing: A Widely Used But Controversial Practice II. Justifying Predictive Sentencing III. Prediction Issues: Validity and Relevance IV. The Current Volume References 2. The Use of Risk Assessment in Sentencing I. A Brief History of Risk Assessment in Sentencing II. Issues around the Use of Risk Assessment in Sentencing III. The Role of Risk Assessment in Sentencing IV. The Future of Risk Assessment References 3. Why Legal Philosophers (Including Retributivists) Should Be Less Resistant to Risk-Based Sentencing I. Introduction II. Risk-Based Sentencing and the Impermissible Use of Persons III. Does Risk-Based Sentencing Contradict Retributivism? IV. Conclusion: Should Risk-Based Sentencing Be Used? References 4. Risk and Retribution: On the Possibility of Reconciling Considerations of Dangerousness and Desert I. Introduction II. Deserved Punishment for Dangerousness III. The Specification Challenge IV. The Proportionality Challenge V. The Scope Challenge VI. The Challenge of the Past VII. The Additional Punishment Challenge VIII. Conclusion References 5. Is Preventive Detention Morally Worse than Quarantine? I. Introduction II. Preliminaries III. Four Preliminary Arguments IV. Desert V. Respect VI. Concluding Thoughts References 6. Against Incapacitative Punishment I. Introduction II. Standard Objections III. The Case against Incapacitative Punishment IV. Defences of Incapacitative Punishment V. Conclusion References 7. A Defence of Modern Risk-Based Sentencing I. Introduction II. The Policy Argument for Risk Assessment III. Risk Assessment and Three Principles that Might Govern it IV. Implications of the Principles V. A Comparison of Risk-Based and Desert-Based Sentencing VI. Conclusion References 8. Some Dilemmas of Indeterminate Sentences: Risk and Uncertainty, Dignity and Hope I. Introduction II. Overview III. Risk Assessment and the Dilemmas of Predictive Sentencing IV. Timing of the Determination of Risk V. Validity of Predictive Sentencing Tools VI. Predicting the Future in a State of Uncertainty VII. Indeterminate Sentences and Human Rights VIII. Whole-Life Sentences in Europe IX. Developments in the US X. Indeterminacy, Hope and Human Dignity XI. The Scope of Civil Preventive Detention XII. Public Protection and the Conditions of Detention XIII. Conclusion References 9. The Problematic Role of Prior Record Enhancements in Predictive Sentencing I. Overview of the Chapter II. The Universal Appeal and Substantial Impacts of Prior Record as a Sentencing Factor III. Weaknesses of Current Prior Record Enhancements IV. Reconceptualising the Role of Previous Convictions at Sentencing V. Conclusion References 10. Unpacking Sentencing Algorithms: Risk, Racial Accountability and Data Harms I. Introduction II. Biased Judges, Actuarial Solutions III. Racial Neutrality and the Evidence Base IV. New Risk Technologies V. Conclusion References 11. The Scientific Validity of Current Approaches to Violence and Criminal Risk Assessment I. Introduction II. Measuring the Statistical Performance of Risk Assessment Tools III. The Overall Performance of Currently Used Risk Assessment Tools IV. A Practical Guide to Evaluate Risk Assessment Tools V. Applying Quality Criteria to Individual Risk Assessment Tools VI. The OxRec Model VII. Summary References 12. Risk Assessment at Sentencing: The Pennsylvania Experience I. Introduction II. The Pennsylvania Risk Assessment Approach III. False Positives, Cut-Points and Punishment Concerns IV. Demographic Factors V. Conclusion References Appendix 13. Predictive Sentencing: An Analysis of Public Views I. Introduction II. What Do We Know? III. Current Study: Research Approach IV. Survey: Public Attitudes to Predictive Sentencing V. The Effects of Risk, Crime Seriousness and Predictive Validity: Three Experiments VI. Conclusions References Appendix 1 Vignettes Used in the Experiments (Translated from Dutch) Appendix 2 Tables and Statistics 14. Sentencing and Prediction: Old Wine in Old Bottles I. The Indictment II. The Defences III. The Summation References Index "The volume addresses the role of risk assessment in contemporary sentencing practices. Predictive sentencing has become so deeply ingrained in Western criminal justice decision making that despite early ethical discussions about selective incapacitation, it currently attracts little critique. Nor has it been subjected to a thorough normative and empirical scrutiny. This is problematic since much current policy and practice concerning risk predictions is inconsistent with mainstream theories of punishment. Moreover, predictive sentencing exacerbates discrimination and disparity in sentencing. Although structured risk assessments may have replaced 'gut feelings', and have now been systematically implemented in western justice systems, the fundamental issues and questions that surround the use of risk assessment instruments at sentencing remain unresolved. This volume critically evaluates these issues and will be of great interest to scholars of criminal justice and criminology working in the area"-- Provided by publisher "The volume addresses the role of risk assessment in contemporary sentencing practices. Predictive sentencing has become so deeply ingrained in Western criminal justice decision making that despite early ethical discussions about selective incapacitation, it currently attracts little critique. Nor has it been subjected to a thorough normative and empirical scrutiny. This is problematic since much current policy and practice concerning risk predictions is inconsistent with mainstream theories of punishment. Moreover, predictive sentencing exacerbates discrimination and disparity in sentencing. Although structured risk assessments may have replaced 'gut feelings', and have now been systematically implemented in western justice systems, the fundamental issues and questions that surround the use of risk assessment instruments at sentencing remain unresolved. This volume critically evaluates these issues and will be of great interest to scholars of criminal justice and criminology working in the area."--[Source inconnue] "Predictive Sentencing addresses the role of risk assessment in contemporary sentencing practices. Predictive sentencing has become so deeply ingrained in Western criminal justice decision-making that despite early ethical discussions about selective incapacitation, it currently attracts little critique. Nor has it been subjected to a thorough normative and empirical scrutiny. This is problematic since much current policy and practice concerning risk predictions is inconsistent with mainstream theories of punishment. Moreover, predictive sentencing exacerbates discrimination and disparity in sentencing. Although structured risk assessments may have replaced 'gut feelings', and have now been systematically implemented in Western justice systems, the fundamental issues and questions that surround the use of risk assessment instruments at sentencing remain unresolved. This volume critically evaluates these issues and will be of great interest to scholars of criminal justice and criminology."--Bloomsbury Publishing.