Digital Legal Lab member Hadassa Noorda has published a new paper on ‘Imprisonment’ in Criminal Law and Philosophy.
Criminal law theorists have largely overlooked why imprisonment requires special legal protections.
Hadassa Noorda argues that the severity of a measure’s impact on an individual’s normal life should determine the need for legal safeguards, decoupling the concept of imprisonment from physical confinement.
This approach can identify atypical forms of imprisonment like open prisons and house arrest, with potential consequences for the legal rights of those subjected to such measures.