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9 - Restoring the Offender to Society

Published online by Cambridge University Press:  05 April 2015

Laura I Appleman
Affiliation:
Willamette University College of Law
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Summary

This chapter, along with Chapter 10, discusses how we can use expressive restorative retribution as a framework to address the problems inherent in the punishment imposed both before and after conviction. The insertion of a community voice into these pre- and post-conviction, or “ancillary,” sentences provides a concrete way of implementing a form of expressive, restorative retribution that provides a slice of civic engagement and an improved reentry experience for both the offender and her community.

Not only does expressive[,] restorative retribution give the community a voice and help foster egalitarian and democratic ideals, at its best, it also forces offenders to take more responsibility for their wrongdoings, since the community is involved in the imposition of punishment and restoring the balance disturbed by the offender’s bad acts. This type of community involvement is the much-needed step that has long been missing from our punishment in general, but particularly from our nonprison and post-punishment schemes.

Using expressive restorative retribution as a punishment philosophy for ancillary sentencing provides a concrete policy of community involvement and participation to a much-ignored and neglected area of the criminal justice system – a sphere that invariably touches every single offender. Taking a page from the past, Chapters 9 and 10 argue that community involvement can help structure nonprison ancillary sentencing, giving guidance not only to the players in the criminal justice system, but hopefully to the legislative and executive branches as well.

Type
Chapter
Information
Defending the Jury
Crime, Community, and the Constitution
, pp. 172 - 190
Publisher: Cambridge University Press
Print publication year: 2015

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References

Travis, Jeremy, Fellow, Senior, The Urban Institute, Thoughts on the Future of Parole 12 (May 22, 2002), available at
Re-Entry Policy Council, Report of the Re-entry Policy Council 360–64 (2003), available at
Reitz, Kevin, Modeling Discretion in American Sentencing Systems, 20 Law & Pol’y389, 393 (1998)CrossRefGoogle Scholar
Chanenson, Steven L., Guidance From Above and Beyond, 58 Stan. L. Rev. 175 (2005)Google Scholar
Michael Jacobson, Downsizing Prisons: How to Reduce Crime and End Mass Incarceration 8 (NYU Press 1995)
Kevin Reitz, American Law Institute, Model Penal Code: Sentencing Report to the Council 16 (2004), available at
John, Paige, Prop. 47 Jolts Landscape of California Justice System, L.A. Times (November 5, 2014)Google Scholar
Reitz, Kevin, The New Sentencing Conundrum: Policy and Constitutional Law at Cross-Purposes, 105 Colum. L. Rev. 1082, 1084 (2005)Google Scholar
Gregg v. United States, 394 U.S. 489, 492 (1969)
Weisberg, Robert, Excerpts from “The Future of American Sentencing: A National Roundtable on Blakely,” 2 Ohio St. J. Crim. L. 619, 648 (2005)Google Scholar
N.Y. Penal Law § 70.10 (McKinney 2014)
Washington, Blakely v.Requires Jury Trials at Probation Violation Hearings, 24 Law & Ineq. 157 (2006)Google Scholar
Bieluch, Brian G., Thirty-First Annual Review of Criminal Procedure: IV. Sentencing: Probation, 90 Geo. L.J. 1813, 1826 (2002)Google Scholar
Cal. Penal Code § 1203(a) (West 2014)
Cal. Penal Code § 1203.2 (West 2014)
Conn. Gen. Stat. Ann. § 53a–32(a) (West 2014)
Fla. Stat. Ann. § 948.06(2)(a) (West 2014)

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