Ben Crewe on the Bench? Bringing the Dimensional Pains of Punishment into the Courtroom.

Abstract

Penal subjectivists argue that the severity of punishment ought to be measured in terms of penal subjects' actual experiences, rather than that intended by sentencing authorities. One challenge that subjectivists must confront, however, is that it is difficult to meaningfully compare the subjective experiences of different individuals, in a way that is sufficiently equitable and consistent to satisfy the requirements of just sentencing. This paper considers the prospects and pitfalls of Ben Crewe's dimensional approach to the pains of imprisonment as a means of overcoming this challenge during sentencing. Crewe's ground-breaking work takes the "deprivations and frustrations" of everyday prison life associated with Gresham Sykes, and subjects them to four spatial metaphors that help to trace differences between penal experiences: depth; weight; tightness; and breadth. The applicability of this approach to sentencing decision-making is considered, and implications are drawn for sentencing research agendas.