Imprisonment and the Right to Freedom of Movement

In Chris W. Surprenant (ed.), Rethinking Punishment in the Era of Mass Incarceration. New York, USA: Routledge. pp. 89-104 (2018)
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Abstract
Government’s use of imprisonment raises distinctive moral issues. Even if government has broad authority to make and to enforce law, government may not be entitled to use imprisonment as a punishment for all the criminal laws it is entitled to make. Indeed, there may be some serious crimes that it is wrong to punish with imprisonment, even if the conditions of imprisonment are humane and even if no adequate alternative punishments are available.
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