ABSTRACT
This chapter focuses on a particular version of limiting retributivism, which it calls “preventive justice.” Similar in concept to traditional indeterminate sentencing, a preventive justice regime adopts sentence ranges consistent with the offender’s desert and then relies on expert parole boards to determine the nature and duration of sentence within this range, based on consideration of individual prevention goals (i.e. incapacitation, specific deterrence and rehabilitation). The analysis of this chapter suggests that a system of relatively wide sentence ranges derived from retributive principles, in combination with short minimum sentences that are enhanced under limited circumstances by statistically driven risk assessment and management, can alleviate many of the inherent tensions between desert and prevention, between deontology and political reality, and between the desire for community input and the allure of expertise.
