Looking Beyond Risk in Paroling Denying Prisoners (A Response to Assy and Menashe's 'The Catch-22 in Israel's Parole Law')

Dagan, Netanel

Looking Beyond Risk in Paroling Denying Prisoners (A Response to Assy and Menashe's 'The Catch-22 in Israel's Parole Law')

Netanel Dagan, Looking Beyond Risk in Paroling Denying Prisoners (a Response to to Assy and Menashe's "the Catch-22 in Israel's Parole Law”) Criminal Justice & Behavior (2015 Forthcoming)

17 Pages Posted: 19 Dec 2014

See all articles by Netanel Dagan

Netanel Dagan

Hebrew University of Jerusalem - Faculty of Law

Date Written: December 17, 2014

Abstract

This response offers an additional theoretical perspective to the “Catch-22” problem as discussed in Assy and Menashe’s (2014) article. It offers to look beyond risk in the discussion about parole of denying prisoners. By focusing on the retributive meaning of the problem, the response offers an additional framework to discuss the magnitude of the problem (via proportionality analysis), and the overt and covert forces that influence a parole board’s discretion in action (via character retributivism analysis).

Keywords: parole; retributivism; proportionality; denying prisoners; sex offenders

Suggested Citation: Suggested Citation

Dagan, Netanel, Looking Beyond Risk in Paroling Denying Prisoners (A Response to Assy and Menashe's 'The Catch-22 in Israel's Parole Law') (December 17, 2014). Netanel Dagan, Looking Beyond Risk in Paroling Denying Prisoners (a Response to to Assy and Menashe's "the Catch-22 in Israel's Parole Law”) Criminal Justice & Behavior (2015 Forthcoming), Available at SSRN: https://ssrn.com/abstract=2539483