Punishment and Citizenship

Punishment and Citizenship
Author: Milena Tripkovic
Publisher: Studies in Penal Theory and Ph
Total Pages: 193
Release: 2018-12-24
Genre: Social Science
ISBN: 0190848626

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Criminal disenfranchisement-the practice of restricting electoral rights following criminal conviction-is the only surviving electoral restriction of adult, mentally competent citizens in contemporary democracies. Despite the strong devotion to the principle of universal suffrage, criminal offenders are still routinely deprived of active and passive franchise, while the justifications for such limitations remain elusive and incoherent. In Punishment and Citizenship, Milena Tripkovic develops an empirical and normative account of criminal disenfranchisement. Starting from historical precedents of such restrictions and examining the current policies of a number of European countries, Tripkovic argues that while criminal disenfranchisement is considered a form of punishment, it should instead be viewed as a citizenship sanction imposed when a citizen fails to perform their role as a member of a political community. In order to determine the justifications of disenfranchisement, Tripkovic explores various citizenship ideals and examines whether criminal offenders comply with the expectations that are posed before them. After developing a theoretical framework of citizenship duties, Tripkovic concludes that very few criminal offenders fail to satisfy fundamental citizenship conditions and exhaustive voting restrictions cannot ultimately be justified. A comprehensive assessment of criminal disenfranchisement, Punishment and Citizenship offers concrete policy suggestions to determine the limited circumstances under which electoral rights could justifiably be withheld from criminal offenders.

Punishment and Citizenship

Punishment and Citizenship
Author: Milena Tripkovic
Publisher: Oxford University Press
Total Pages: 288
Release: 2018-11-22
Genre: Social Science
ISBN: 0190848634

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Criminal disenfranchisement-the practice of restricting electoral rights following criminal conviction-is the only surviving electoral restriction of adult, mentally competent citizens in contemporary democracies. Despite the strong devotion to the principle of universal suffrage, criminal offenders are still routinely deprived of active and passive franchise, while the justifications for such limitations remain elusive and incoherent. In Punishment and Citizenship, Milena Tripkovic develops an empirical and normative account of criminal disenfranchisement. Starting from historical precedents of such restrictions and examining the current policies of a number of European countries, Tripkovic argues that while criminal disenfranchisement is considered a form of punishment, it should instead be viewed as a citizenship sanction imposed when a citizen fails to perform their role as a member of a political community. In order to determine the justifications of disenfranchisement, Tripkovic explores various citizenship ideals and examines whether criminal offenders comply with the expectations that are posed before them. After developing a theoretical framework of citizenship duties, Tripkovic concludes that very few criminal offenders fail to satisfy fundamental citizenship conditions and exhaustive voting restrictions cannot ultimately be justified. A comprehensive assessment of criminal disenfranchisement, Punishment and Citizenship offers concrete policy suggestions to determine the limited circumstances under which electoral rights could justifiably be withheld from criminal offenders.

Why Prison?

Why Prison?
Author: David Scott
Publisher: Cambridge University Press
Total Pages: 409
Release: 2013-08-29
Genre: Law
ISBN: 110729245X

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Prison studies has experienced a period of great creativity in recent years, and this collection draws together some of the field's most exciting and innovative contemporary critical writers in order to engage directly with one of the most profound questions in penology - why prison? In addressing this question, the authors connect contemporary penological thought with an enquiry that has received the attention of some of the greatest thinkers on punishment in the past. Through critical exploration of the theories, policies and practices of imprisonment, the authors analyse why prison persists and why prisoner populations are rapidly rising in many countries. Collectively, the chapters provide not only a sophisticated diagnosis and critique of global hyper-incarceration but also suggest principles and strategies that could be adopted to radically reduce our reliance upon imprisonment.

Punishment and Citizenship

Punishment and Citizenship
Author:
Publisher:
Total Pages: 353
Release: 2014
Genre: Citizenship
ISBN:

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The thesis examines the normative justification of contemporary restrictions to electoral rights of criminal offenders. While such limitations are becoming fewer, many democracies retain them even today. Having in mind the strong devotion to the principle of universal suffrage, the persistence of these restrictions prompts an inquiry into the reasons for their enactment and an assessment of their normative value. To situate the problem empirically, the thesis undertakes an analysis of electoral regimes in 43 European countries. An astounding diversity among them is discovered - regimes range from those with no restrictions to those that restrict the franchise of everyone imprisoned - and thus possible explanations are investigated. The argument is that the best way to understand a particular electoral policy is to interpret it within the context of what is termed the 'value of citizenship' in a polity. Constituted by a host of social, political, economic and cultural factors, the 'value of citizenship' indicates the level of accessibility and stability of rights attached to the citizenship status. This finding, along with the historical analysis of citizenship ideals, raises a fundamental doubt regarding the nature of criminal disenfranchisement: should it be understood as punishment for crime or is its proper function to sanction the manifestation of 'bad citizenship'? The thesis argues that punishment and disenfranchisement are conceptually different and thus goes on to develop a citizenship-based normative account of criminal disenfranchisement. The fundamental question that guides the subsequent inquiry hence becomes: what should be the normative consequences of the act of crime for one's citizenship status? To answer this question, three distinct accounts of the bond between the citizen and her polity are constructed: the 'sense of justice', the 'civic virtue' and the 'common good' model. The analysis shows that, regardless of inherent differences, all models deny the legitimacy of disenfranchisement of the criminal population as such, save for the morally incorrigible individuals who have perpetrated crimes immensely detrimental to the polity. The main policy implication of this argument is that permanent exclusions of a very restricted number of asocial perpetrators of the most serious anti-state and anti-personal crimes are permitted, but also that - even if such restrictions can be considered legitimate - no polity has a duty to impose them.

The Borders of Punishment

The Borders of Punishment
Author: Katja Franko Aas
Publisher: OUP Oxford
Total Pages: 732
Release: 2013-07-11
Genre: Law
ISBN: 0191648140

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The Borders of Punishment: Migration, Citizenship, and Social Exclusion critically assesses the relationship between immigration control, citizenship, and criminal justice. It reflects on the theoretical and methodological challenges posed by mass mobility and its control and for the first time, sets out a particular sub-field within criminology, the criminology of mobility. Drawing together leading international scholars with newer researchers, the book systematically outlines why criminology and criminal justice should pay more attention to issues of immigration and border control. Contributors consider how 'traditional' criminal justice institutions such as the criminal law, police, and prisons are being shaped and altered by immigration, as well as examining novel forms of penality (such as deportation and detention facilities), which have until now seldom featured in criminological studies and textbooks. In so doing, the book demonstrates that mobility and its control are matters that ought to be central to any understanding of the criminal justice system. Phenomena such as the controversial use of immigration law for the purposes of the war on terror, closed detention centres, deportation, and border policing, raise in new ways some of the fundamental and enduring questions of criminal justice and criminology: What is punishment? What is crime? What should be the normative and legal foundation for criminalization, for police suspicion, for the exclusion from the community, and for the deprivation of freedom? And who is the subject of rights within a society and what is the relevance of citizenship to criminal justice?

Enduring Uncertainty

Enduring Uncertainty
Author: Ines Hasselberg
Publisher: Berghahn Books
Total Pages: 186
Release: 2016-03-01
Genre: Social Science
ISBN: 1785330233

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Focusing on the lived experience of immigration policy and processes, this volume provides fascinating insights into the deportation process as it is felt and understood by those subjected to it. The author presents a rich and innovative ethnography of deportation and deportability experienced by migrants convicted of criminal offenses in England and Wales. The unique perspectives developed here – on due process in immigration appeals, migrant surveillance and control, social relations and sense of self, and compliance and resistance – are important for broader understandings of border control policy and human rights.

Punishment and Citizenship

Punishment and Citizenship
Author: Milena Tripkovic
Publisher: Oxford University Press
Total Pages: 288
Release: 2018-11-22
Genre: Social Science
ISBN: 0190848642

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Criminal disenfranchisement-the practice of restricting electoral rights following criminal conviction-is the only surviving electoral restriction of adult, mentally competent citizens in contemporary democracies. Despite the strong devotion to the principle of universal suffrage, criminal offenders are still routinely deprived of active and passive franchise, while the justifications for such limitations remain elusive and incoherent. In Punishment and Citizenship, Milena Tripkovic develops an empirical and normative account of criminal disenfranchisement. Starting from historical precedents of such restrictions and examining the current policies of a number of European countries, Tripkovic argues that while criminal disenfranchisement is considered a form of punishment, it should instead be viewed as a citizenship sanction imposed when a citizen fails to perform their role as a member of a political community. In order to determine the justifications of disenfranchisement, Tripkovic explores various citizenship ideals and examines whether criminal offenders comply with the expectations that are posed before them. After developing a theoretical framework of citizenship duties, Tripkovic concludes that very few criminal offenders fail to satisfy fundamental citizenship conditions and exhaustive voting restrictions cannot ultimately be justified. A comprehensive assessment of criminal disenfranchisement, Punishment and Citizenship offers concrete policy suggestions to determine the limited circumstances under which electoral rights could justifiably be withheld from criminal offenders.

When People Want Punishment

When People Want Punishment
Author: Lily L. Tsai
Publisher: Cambridge University Press
Total Pages: 291
Release: 2021-08-12
Genre: Political Science
ISBN: 1108897673

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Against the backdrop of rising populism around the world and democratic backsliding in countries with robust, multiparty elections, this book asks why ordinary people favor authoritarian leaders. Much of the existing scholarship on illiberal regimes and authoritarian durability focuses on institutional explanations, but Tsai argues that, to better understand these issues, we need to examine public opinion and citizens' concerns about retributive justice. Government authorities uphold retributive justice - and are viewed by citizens as fair and committed to public good - when they affirm society's basic values by punishing wrongdoers who act against these values. Tsai argues that the production of retributive justice and moral order is a central function of the state and an important component of state building. Drawing on rich empirical evidence from in-depth fieldwork, original surveys, and innovative experiments, the book provides a new framework for understanding authoritarian resilience and democratic fragility.

Punishment and Inclusion

Punishment and Inclusion
Author: Andrew Dilts
Publisher: Fordham Univ Press
Total Pages: 352
Release: 2014-09-15
Genre: Political Science
ISBN: 082326243X

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At the start of the twenty-first century, 1 percent of the U.S. population is behind bars. An additional 3 percent is on parole or probation. In all but two states, incarcerated felons cannot vote, and in three states felon disenfranchisement is for life. More than 5 million adult Americans cannot vote because of a felony-class criminal conviction, meaning that more than 2 percent of otherwise eligible voters are stripped of their political rights. Nationally, fully a third of the disenfranchised are African American, effectively disenfranchising 8 percent of all African Americans in the United States. In Alabama, Kentucky, and Florida, one in every five adult African Americans cannot vote. Punishment and Inclusion gives a theoretical and historical account of this pernicious practice of felon disenfranchisement, drawing widely on early modern political philosophy, continental and postcolonial political thought, critical race theory, feminist philosophy, disability theory, critical legal studies, and archival research into state constitutional conventions. It demonstrates that the history of felon disenfranchisement, rooted in postslavery restrictions on suffrage and the contemporaneous emergence of the modern “American” penal system, reveals the deep connections between two political institutions often thought to be separate, showing the work of membership done by the criminal punishment system and the work of punishment done by the electoral franchise. Felon disenfranchisement is a symptom of the tension that persists in democratic politics between membership and punishment. This book shows how this tension is managed via the persistence of white supremacy in contemporary regimes of punishment and governance.