JOURNAL ARTICLE

Taking Prison to Court: Exploring the Judicial Review of Prison Decision-Making Through Supreme Court Judges in Israel.

  • Published In: British Journal of Criminology, 2024, v. 64, n. 4. P. 913 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Dagan, Netanel; Baron, Shmuel 3 of 3

Abstract

This article examines how Israeli Supreme Court Judges perceive and negotiate their judicial review of prison officials' decisions, revealing three distinct approaches: bureaucratization, re-sentencing, and reform. Drawing on qualitative interviews with 17 retired Judges, the study finds that some Judges view their role as formalistic overseers upholding prison regulations without engaging in penal logic, while others incorporate punitive reasoning to calibrate prison conditions according to the severity of offenses. A third group adopts a rehabilitative stance, using judicial review to improve prison conditions and promote prisoners' dignity and reintegration. These findings highlight the complex judicial consciousness at the intersection of administrative law and the penal realities of imprisonment, expanding scholarly understanding beyond sentencing to the qualitative experience of punishment.

Additional Information

  • Source:British Journal of Criminology. 2024/07, Vol. 64, Issue 4, p913
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2024
  • ISSN:0007-0955
  • DOI:10.1093/bjc/azad068
  • Accession Number:178417957
  • Copyright Statement:Copyright of British Journal of Criminology is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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