In this Book

Sentencing in Time

Book
Linda Ross Meyer
2017
Published by: Amherst College Press
summary
Exactly how is it we think the ends of justice are accomplished by sentencing someone to a term in prison? How do we relate a quantitative measure of time—months and years—to the objectives of deterring crime, punishing wrongdoers, and accomplishing justice for those touched by a criminal act? Linda Ross Meyer investigates these questions, examining the disconnect between our two basic modes of thinking about time—chronologically (seconds, minutes, hours), or phenomenologically (observing, taking note of, or being aware of the passing of time). In Sentencing in Time, Meyer asks whether—in overlooking the irreconcilability of these two modes of thinking about time—we are failing to accomplish the ends we believe the criminal justice system is designed to serve. Drawing on work in philosophy, legal theory, jurisprudence, and the history of penology, Meyer explores how, rather than condemning prisoners to an experience of time bereft of meaning, we might instead make the experience of incarceration constructively meaningful—and thus better aligned with social objectives of deterring crime, reforming offenders, and restoring justice.

Table of Contents

Cover

Title, Copyright

pp. i-ii

Contents

pp. iii-iv

Acknowledgements

pp. v-vi

Epigraph

pp. vii-viii

Introduction

pp. 1-5

1. The phenomenological fallacy: Out of sight, out of time

pp. 6-8

2. The cosmological fallacy: Time is a thing with quantity

pp. 9-12

3. Doing x amount of time for x amount of crime

pp. 13-18

4. Is meaninglessness itself a kind of justified punishment?

pp. 19-26

5. Bad Time and Good Time

pp. 27-34

6. Alternative: "Serving" a sentence: Sentencing as service

pp. 35-38

7. Objections and Responses

pp. 39-46

Postscript

pp. 47

Appendix: Supreme Court Decisions of Note

In re: Medley

pp. 50-54

Ruiz v. Texas (dissent of Justice Breyer)

pp. 55-56

Ewing v. California

pp. 57-68

Brown v. Plata

pp. 69-79

Pepper v. United States

pp. 80-91

Miller v. Alabama

pp. 92-111

Other works in this series

pp. 112
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