ABSTRACT

This chapter describes the approach to parole-release decision criteria from the perspective of four received theories of punishment: a retributive theory, deterrence theory, rehabilitation theory, and communicative theory. Each of the criteria describes is subject to two general types of objection. The first type of objection concerns the limits on our ability to assess fairly or measure the various proposed criteria. The second concerns failure to respect the moral agency of people in prison. Having identified some of the challenges in designing parole-release criteria from a theoretical and practical perspective, the chapter suggests a fundamentally different approach to parole-release decisions. It proposes a "reparative approach" that builds on aspects of restorative justice and takes seriously respect for the moral agency of prisoners, victims, and the broader political community. The reparative approach would apply in cases where a person is serving a prison sentence that includes the possibility of release.