In common law, sentencing is chiefly concerned with the duration of a sentence and rarely engages in the conditions under which the sentence is served. Recently, courts in Canada and England and Wales have started to recognise the relevance of certain prison conditions when deciding sentences. These approaches, however, have lacked conceptual clarity and consistency. Building on communicative theories of punishment, this article proposes a novel framework based on ‘state responsibility/blame’ and dynamic censure to justify the relevance of considering the qualitative conditions of imprisonment at sentencing as well as during the administration of the sentence. This framework is coupled by a typology of unjustified harmful carceral conditions that can be considered relevant evidence. This expanded purview of sentencing will offer greater legitimacy of punishment by strengthening communicative practices of punishment that include dynamic censure, including censuring the state for additional and unjustified state-created harms.

中文翻译：

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传达谴责：判刑时和服刑期间监禁条件的相关性

在普通法中，量刑主要涉及刑期的期限，很少涉及服刑的条件。最近，加拿大、英格兰和威尔士的法院在判决时开始认识到某些监狱条件的相关性。然而，这些方法缺乏概念清晰度和一致性。本文以刑罚交往理论为基础，提出了一个基于“国家责任/归咎”和动态谴责的新颖框架，以证明在量刑时以及在执行刑罚期间考虑监禁定性条件的相关性。该框架与不合理的有害监禁条件的类型相结合，可以被视为相关证据。