Punishment and Citizenship

2019 Law

Author : Milena Tripkovic
Release : 2019
Genre : Law
Kind : eBook
Book Rating : 626/5 ( reviews)

Book Synopsis Punishment and Citizenship by : Milena Tripkovic

Download or read book Punishment and Citizenship written by Milena Tripkovic. This book was released on 2019. Available in PDF, EPUB and Kindle. Book excerpt: 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?

2013-08-29 Law

Author : David Scott
Release : 2013-08-29
Genre : Law
Kind : eBook
Book Rating : 45X/5 ( reviews)

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Book Synopsis Why Prison? by : David Scott

Download or read book Why Prison? written by David Scott. This book was released on 2013-08-29. Available in PDF, EPUB and Kindle. Book excerpt: 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

2014 Citizenship

Author :
Release : 2014
Genre : Citizenship
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Punishment and Citizenship by :

Download or read book Punishment and Citizenship written by . This book was released on 2014. Available in PDF, EPUB and Kindle. Book excerpt: 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

2013-07-11 Law

Author : Katja Franko Aas
Release : 2013-07-11
Genre : Law
Kind : eBook
Book Rating : 140/5 ( reviews)

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Book Synopsis The Borders of Punishment by : Katja Franko Aas

Download or read book The Borders of Punishment written by Katja Franko Aas. This book was released on 2013-07-11. Available in PDF, EPUB and Kindle. Book excerpt: 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?

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