Abstract
Abstract An account of humane and least restrictive imprisonment is defended in relation to the punishment of serious criminal offenders. Such imprisonment is cast as the next parsimonious step up in penal severity compared with noncustodial sanctions that impose various burdens on offenders while leaving them at liberty to move about in civil society. Various objections and alternatives to imprisonment of this kind are addressed. Among the former are claims that serious offenders forfeit all or some of their basic moral rights, that an account of penal severity focused on the deprivation of liberty slights the subjective experience of imprisonment, and that decent and right-supportive forms of penal confinement will not be “less eligible” or will afford offenders better living conditions than some free members of society experience in their daily lives. Among the latter are proposals to substitute restitution requirements for penal hard treatment, address serious offending through restorative justice techniques, or devise and implement non-punitive forms of confinement.
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