Cargando…

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...

Descripción completa

Detalles Bibliográficos
Autores principales: Manikis, Marie, Doiron, Nicholas
Formato: Online Artículo Texto
Lenguaje:English
Publicado: SAGE Publications 2023
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
Descripción
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.