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MetamorphosisHow to Transform Punishment in America$
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Robert A. Ferguson

Print publication date: 2018

Print ISBN-13: 9780300230833

Published to Yale Scholarship Online: September 2018

DOI: 10.12987/yale/9780300230833.001.0001

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PRINTED FROM YALE SCHOLARSHIP ONLINE (www.yale.universitypressscholarship.com). (c) Copyright Yale University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in YSO for personal use.date: 25 February 2020

Sentencing the Disappearing Convict

Sentencing the Disappearing Convict

(p.89) 5 Sentencing the Disappearing Convict

Robert A. Ferguson

Yale University Press

This chapter looks at how, without rights, people in prison are left to the mercy of a grudging criminal justice system. Too many discussions turn on the length of a sentence assigned and the crime that justifies it. Loss of freedom—how much loss of freedom?—is crucial, but it is not the only issue to be addressed. Other aspects should not be ignored, and judges do not help perception when they withhold or minimize publication of the sentences they hand down. Publicity over sending a person to prison is not the way most judges want to be remembered. The chapter addresses two main issues regarding this problem, the question of what is properly said in the delivered sentence, and what has been left out that might also be useful.

Keywords:   criminal justice system, prison, sentencing, judges, freedom, publicity, rights

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