Abstract

http://ssrn.com/abstract=2332165
 


 



Risk Redux: The Resurgence of Risk Assessment in Criminal Sanctioning


John Monahan


University of Virginia School of Law

Jennifer L. Skeem


University of California, Berkeley

October 28, 2013

Virginia Public Law and Legal Theory Research Paper No. 2013-36

Abstract:     
After almost four decades of “just deserts,” the past several years have seen a remarkable resurgence of risk assessment as an essential component of criminal sanctioning. In this article, we review current practice in the incorporation of risk assessment into the sanctioning systems of several illustrative states, and describe the major dimensions on which state practices differ. We then elaborate the various meanings ascribed to the foundational concept of “risk” in criminal sanctioning, and contrast “risk” with what are now often called “criminogenic needs,” the fulfillment of which ostensibly reduce an offender’s level of “risk.” Finally, we address the choice of an approach to risk assessment in sentencing, particularly in the resource-starved state of current correctional practice.

Number of Pages in PDF File: 25

Keywords: sentencing, risk, needs, corrections

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Date posted: September 27, 2013 ; Last revised: November 14, 2013

Suggested Citation

Monahan, John and Skeem, Jennifer L., Risk Redux: The Resurgence of Risk Assessment in Criminal Sanctioning (October 28, 2013). Virginia Public Law and Legal Theory Research Paper No. 2013-36. Available at SSRN: http://ssrn.com/abstract=2332165

Contact Information

John Monahan (Contact Author)
University of Virginia School of Law ( email )
580 Massie Road
Charlottesville, VA 22903
United States
434-924-3632 (Phone)

Jennifer L. Skeem
University of California, Berkeley ( email )
120 Haviland Hall
Berkeley, CA 94720-7400
United States
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