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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...
Autores principales: | , |
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Formato: | Online Artículo Texto |
Lenguaje: | English |
Publicado: |
SAGE Publications
2023
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Materias: | |
Acceso en línea: | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10663118/ https://www.ncbi.nlm.nih.gov/pubmed/38025205 http://dx.doi.org/10.1177/14624745231184077 |
Sumario: | 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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