Theodore Randles published "Soft-Served Deserts: Soft Retributivism as a Free Will-Independent Alternative for the Criminal Justice System" in Catholic University Law Review. Here is an excerpt:
Freedom and statistical certainty make for tense bedfellows, as Leo Tolstoy gamely noted in his ambitious epilogue to War and Peace. As science progresses in understanding the world of action and reaction, the justice system, rooted in theories of punishment as old as human civilization, must be analyzed continuously in light of new scientific reality. A collision that threatens to rock our criminal system of justice looms as a stark possibility: how do we square a deterministic account of human behavior—one in which every person’s actions are foreordained and unchangeable—with a criminal system that holds people accountable for their crimes?