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In a series of newly commissioned essays from the leading scholars and advocates in criminal justice, Invisible Punishment explores, for the first time, the far-reaching consequences of our current criminal justice policies. Adopted as part of “get tough on crime” attitudes that prevailed in the 1980s and '90s, a range of strategies, from “three strikes” and “a war on drugs,” to mandatory sentencing and prison privatization, have resulted in the mass incarceration of American citizens, and have had enormous effects not just on wrong-doers, but on their families and the communities they come from. This book looks at the consequences of these policies twenty years later.
In Beyond Punishment?, Zachary Hoskins offers a philosophical examination of the collateral legal consequences of conviction. Considering how pervasive collateral restrictions have become and the dramatic effects such restrictions have on offenders' lives, Hoskins examines whether these extended measures of punishment are ever morally justified.
"No longer can any person involved in the criminal justice system ignore the vast array of restrictions and disqualifications that are triggered by a criminal conviction. Judges, defense lawyers, prosecutors, probation officials and, of course, accused persons themselves must recognize that much more is at stake in a criminal prosecution than the court-imposed sentence. Even minor offenses trigger serious and potentially life-altering statutory and regulatory penalties. These so-called 'collateral consequences' are scattered throughout statutes, regulations, and municipal ordinances. They are difficult to find, and are too frequently ignored during plea negotiations and at sentencing. When it becomes apparent how many opportunities and privileges have been lost as a result of a conviction there may be little the convicted person can do about it. For this reason, collateral consequences have become an increasingly important part of civil practice areas as diverse as employment, government contracts, civil rights, immigration, housing, and family law. This volume seeks to ensure that the parties involved in a criminal case can identify and understand the full range of disabilities and disqualifications that accompany conviction. It also seeks to provide a comprehensive resource for civil practitioners whose clients are seeking to mitigate the effects of collateral consequences, as well as policy advocates and public officials seeking to reform the way the legal system treats those with a conviction record."--Page ix.
NONVIOLENT DRUG CONVICTIONS: Stakeholders' Views on Potential Actions to Address Collateral Consequences
Handbook on the Consequences of Sentencing and Punishment Decisions, the third volume in the Routledge ASC Division on Corrections & Sentencing Series, includes contemporary essays on the consequences of punishment during an era of mass incarceration. The Handbook Series offers state-of-the-art volumes on seminal and topical issues that span the fields of sentencing and corrections. In that spirit, the editors gathered contributions that summarize what is known in each topical area and also identify emerging theoretical, empirical, and policy work. The book is grounded in the current knowledge about the specific topics, but also includes new, synthesizing material that reflects the knowledge of the leading minds in the field. Following an editors’ introduction, the volume is divided into four sections. First, two contributions situate and contextualize the volume by providing insight into the growth of mass punishment over the past three decades and an overview of the broad consequences of punishment decisions. The overviews are then followed by a section exploring the broader societal impacts of punishment on housing, employment, family relationships, and health and well-being. The third section centers on special populations and examines the unique effects of punishment for juveniles, immigrants, and individuals convicted of sexual or drug-related offenses. The fourth section focuses on institutional implications with contributions on jails, community corrections, and institutional corrections.
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.
Data-driven criminal justice operations have led to the transformation of criminal records into millions of data points. These records are publicly disclosed on the internet, commodified into valuable big data, and leveraged against people. In Digitial Punishment, Sarah Lageson demonstrates the consequences this system has for people, society, and public policy.
Color-coded terrorism alerts are issued, then lifted with no explanation. False alarms can, like crying wolf, desensitize people to a real need to be on alert. And that psychic numbing is just one effect discussed in this book by fifteen psychologists teamed up to take a critical look at the U.S. war on terrorism. These experts are led by the Chairman of an American Psychological Association task force charged with pinpointing the effect of our anti-terrorism efforts on American mental health. Together, they present the most up-to-date and intriguing picture we have of the fallout on our own people from our own programs. The text spotlights stereotyping of foreigners, increased domestic hate crimes, fear, depression and helplessness, as well as increased militancy and belligerence, especially among students. Perhaps most disturbing in the land of the free, we also see increasing acceptance of restrictions on our personal freedoms, and acceptance of human rights violations. Color-coded terrorism alerts are issued, then lifted with no explanation. False alarms can, like crying wolf, desensitize people to a real need to be on alert. And that psychic numbing is just one effect discussed in this book by fifteen psychologists teamed up for a critical look at the U.S. war on terrorism. These experts are led by the Chairman of the American Psychological Association task force charged with pinpointing the effect of our anti-terrorism efforts on America's mental health. Together, they present the most up-to-date and intriguing picture we have of the fallout on our own people from our own programs. The text spotlights fueled stereotyping of foreigners, increased domestic hate crimes, fear, depression and helplessness, as well as increasing militancy and belligerence, especially among students. Perhaps most disturbing in the land of the free, our attention is drawn to growing acceptance of restrictions on our personal freedoms, and acceptance of human rights violations. Contributors to this collection aim to give us a reality check, looking at what our national reactions to terrorism have been, how those reactions have affected the psyche of our people and whether this has made us stronger or weaker, and more or less likely to be the target for future attacks.