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  1. On Smilansky’s Defense of Prepunishment: A Response to Robinson.Vanessa Lam - 2016 - Philosophia 44 (4):1367-1374.
    In a 2010 paper published in this journal, Robinson responded to Smilansky’s argument that compatibilists do not have a principled reason to reject prepunishment. Smilansky argues that, due to the nature of a compatibilist universe, offenders will actually carry out their intended offences and are rightfully held responsible for them. As a result, there is no moral demand to wait for the offence to occur before punishing the offender. Smilansky has responded to a number of objections, but has not addressed (...)
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  • What's Wrong with Prepunishment?Alex Kaiserman - 2023 - Pacific Philosophical Quarterly 104 (3):622-645.
    Punishing someone for a crime before they have committed it is widely considered morally abhorrent. But there is little agreement on what exactly is supposed to be wrong with it. In this paper, I critically evaluate several objections to the permissibility of prepunishment, making points along the way about the connections between time, knowledge, desert, deterrence and duty. I conclude that, although the conditions under which it could permissibly be administered are unlikely ever to arise in practice, nevertheless in principle, (...)
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  • The Real-Life Issue of Prepunishment.Preston Greene - 2022 - Social Theory and Practice 48 (3):507-523.
    When someone is prepunished, they are punished for a predicted crime they will or would commit. I argue that cases of prepunishment universally assumed to be merely hypothetical—including those in Philip K. Dick’s “The Minority Report”— are equivalent to some instances of the real-life punishment of attempt offenses. This conclusion puts pressure in two directions. If prepunishment is morally impermissible, as philosophers argue, then this calls for amendments to criminal justice theory and practice. At the same time, if prepunishment is (...)
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