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Prisoner enfranchisement remains one of the few contested electoral issues in twenty-first-century democracies. It is at the intersection of punishment and representative government. Many jurisdictions remain divided on whether or not prisoners should be allowed access to the franchise. This book investigates the experience of prisoner enfranchisement in the Republic of Ireland. It examines the issue in a comparative context, beginning by locating prisoner enfranchisement in a theoretical framework, exploring the arguments for and against allowing prisoners to vote. Drawing on global developments in jurisprudence and penal policy, it examines the background to, and wider significance of, this change in the law. Using the Irish experience to examine the issue in a wider context, this book argues that the legal position concerning the voting rights of the imprisoned reveals wider historical, political and social influences in the treatment of those confined in penal institutions.
The first comprehensive study of prisoners and the right to vote
Gives voice to a diverse range of viewpoints on the debate on prisoners' rights, with contributions from prisoners, human rights activists, academics, criminal justice policy makers and practitioners.
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.
"This work has two aims : to represent and exhibit the better Literature of History in the English language, and to give it an organized body--a system--adapted to the greatest convenience in any use, whether for reference, or for reading, for teacher, student, or casual inquirer."--V. 1, Preface.