Solitary confinement as state harm: Reimagining sentencing in light of dynamic censure and state blame
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Published:2023-07-05
Issue:1
Volume:26
Page:72-90
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ISSN:1462-4745
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Container-title:Punishment & Society
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language:en
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Short-container-title:Punishment & Society
Author:
Manikis Marie1ORCID,
Doiron Nicholas1
Affiliation:
1. Faculty of Law, McGill University, Montreal Quebec, Canada
Abstract
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.
Funder
Colin Macdonald for Law & Society
William Dawson Fund
Social Sciences and Humanities Research Council of Canada
Publisher
SAGE Publications
Subject
Law,Social Sciences (miscellaneous)
Reference47 articles.
1. Re-Evaluating the Justifications for Aggravation and Mitigation at Sentencing
2. Bill C-83. An Act to amend the Corrections and Conditional Release Act and another Act, 1st Session, 42nd Parliament (S.C. 2019, c. 27).
Cited by
1 articles.
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