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Author : Alec C. Ewald,Brandon Rottinghaus
Publisher : Cambridge University Press
Page : 303 pages
File Size : 45,6 Mb
Release : 2009-04-13
Category : Law
ISBN : 9780521875615
The book analyzes a contemporary policy question at the nexus of democracy, criminal justice, and constitutional citizenship.
Author : Milena Tripkovic
Publisher : Studies in Penal Theory and Ph
Page : 193 pages
File Size : 49,6 Mb
Release : 2018-12-24
Category : Social Science
ISBN : 9780190848620
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.
Author : Gardner, James A.
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 47,7 Mb
Release : 2022-04-21
Category : Law
ISBN : 9781788119023
This timely research handbook offers a systematic and comprehensive examination of the election laws of democratic nations. Through a study of a range of different regimes of election law, it illuminates the disparate choices that societies have made concerning the benefits they wish their democratic institutions to provide, the means by which such benefits are to be delivered, and the underlying values, commitments, and conceptions of democratic self-rule that inform these choices.
Author : Suzanne Egan
Publisher : Bloomsbury Publishing
Page : 448 pages
File Size : 48,7 Mb
Release : 2015-12-03
Category : Law
ISBN : 9781784510671
International Human Rights: Perspectives from Ireland examines Ireland's engagement with, and influence of, the international human rights regime. International human rights norms are increasingly being taken into account by legislators, courts and public bodies in taking decisions and implementing actions that impact on human rights. Featuring chapters by leading Irish and international academic experts, practitioners and advocates, the book combines theoretical as well as practical analysis and integrates perspectives from a broad range of actors in the human rights field.
Author : Martine Herzog-Evans,Jérôme Thomas
Publisher : Taylor & Francis
Page : 165 pages
File Size : 42,9 Mb
Release : 2024-04-16
Category : Social Science
ISBN : 9781040019672
Through different legal and criminological angles and perspectives, this book addresses the controversial question of whether prisoners should have the right to vote, as well as the optimal modalities for such a vote. By adopting a comparative approach to explore the legal systems of very different jurisdictions, such as the former Eastern Bloc, England, Ireland, the USA and France, the book reveals a recent trend in opening up the right to vote. It also looks at the recommendations of international and European institutions which, while relatively cautious, nevertheless support such progress. Examining the issue from a criminological viewpoint, the book investigates the role that prisoners’ votes could play in the social integration of these individuals into the community through political inclusion as citizens. Offering legal, theoretical and empirical bases, it blends a variety of perspectives to help readers establish an understanding of how prisoners' voting could contribute to improving their attachment to society and its values. Concise and direct, Prisoners' Vote will be of great interest to upper-level students and scholars of law, criminology, sociology, criminal justice, and political science. It should also appeal to practitioners working in the criminal justice system and policy makers reflecting on whether and how, to open the right to vote to prisoners.
Author : Anne Griffiths,Sanna Mustasaari,Anna Mäki-Petajä-Leinonen
Publisher : Routledge
Page : 268 pages
File Size : 55,9 Mb
Release : 2016-10-04
Category : Law
ISBN : 9781317308133
This collection of articles critically examines legal subjectivity and ideas of citizenship inherent in legal thought. The chapters offer a novel perspective on current debates in this area by exploring the connections between public and political issues as they intersect with more intimate sets of relations and private identities. Covering issues as diverse as autonomy, vulnerability and care, family and work, immigration control, the institution of speech, and the electorate and the right to vote, they provide a broader canvas upon which to comprehend more complex notions of citizenship, personhood, identity and belonging in law, in their various ramifications. Chapter 7 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Author : Sonja Meijer,Harry Annison,Ailbhe O’Loughlin
Publisher : Bloomsbury Publishing
Page : 412 pages
File Size : 50,7 Mb
Release : 2019-06-27
Category : Law
ISBN : 9781509920983
The legal position of convicted offenders is complex, as are the social consequences that can result from a criminal conviction. After they have served their sentences, custodial or not, convicted offenders often continue to be subject to numerous restrictions, in many cases indefinitely, due to their criminal conviction. In short, criminal convictions can have adverse legal consequences that may affect convicted offenders in several aspects of their lives. In turn, these legal consequences can have broader social consequences. Legal consequences are often not formally part of the criminal law, but are regulated by different areas of law, such as administrative law, constitutional law, labour law, civil law, and immigration law. For this reason, they are often obscured from judges as well as from defendants and their legal representatives in the courtroom. The breadth, severity and longevity and often hidden nature of these restrictions raises the question of whether offenders' fundamental rights are sufficiently protected. This book explores the nature and extent of the legal consequences of criminal convictions in Europe, Australia and the USA. It addresses the following questions: What legal consequences can a criminal conviction have? How do these consequences affect convicted offenders? And how can and should these consequences be limited by law?
Author : Alison Kesby
Publisher : Oxford University Press
Page : 187 pages
File Size : 52,6 Mb
Release : 2012
Category : Law
ISBN : 9780199600823
Is it citizenship of a state or status as a human being that confers human rights on a person? If a person is stateless, how, and in what way, do human rights still apply to them? This book addresses these questions in the context of international human rights law and the notion of the 'right to have rights'.
Author : Milena Tripkovic
Publisher : Oxford University Press
Page : 288 pages
File Size : 46,8 Mb
Release : 2018-11-22
Category : Social Science
ISBN : 9780190848637
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.
Author : Arrigo, Bruce,Sellers, Brian
Publisher : Policy Press
Page : 534 pages
File Size : 48,8 Mb
Release : 2021-07-30
Category : Social Science
ISBN : 9781529205268
We now live in a pre-crime society, in which information technology strategies and techniques such as predictive policing, actuarial justice and surveillance penology are used to achieve hyper-securitization. However, such securitization comes at a cost – the criminalization of everyday life is guaranteed, justice functions as an algorithmic industry and punishment is administered through dataveillance regimes. This pioneering book explores relevant theories, developing technologies and institutional practices and explains how the pre-crime society operates in the ‘ultramodern’ age of digital reality construction. Reviewing pre-crime's cultural and political effects, the authors propose new directions in crime control policy.
Author : Kjersti Lohne
Publisher : Clarendon Studies in Criminolo
Page : 0 pages
File Size : 43,6 Mb
Release : 2019
Category : Law
ISBN : 0198818742
This volume analyses the cultural meaning and social dynamics of international criminal justice by exploring the role of human rights organisations in this sphere after the creation of the International Criminal Court. The text offers an analysis of punishment 'gone global', and how it is constituted by and of global relations of power.
Author : Kevin R. Reitz
Publisher : Oxford University Press
Page : 585 pages
File Size : 54,8 Mb
Release : 2018
Category : Law
ISBN : 9780190203542
Introduction -- American exceptionalism : perspectives -- American exceptionalism in crime, punishment, and disadvantage : race, federalization, and politicization in the perspective of local autonomy / Nicola Lacey and David Soskice -- The concept of American exceptionalism and the case of capital punishment / David Garland -- Penal optimism : understanding American mass imprisonment from a Canadian perspective / Cheryl Marie Webster and Anthony N. Doob -- The complications of penal federalism : American exceptionalism or fifty different countries? / Franklin E. Zimring -- American exceptionalism in crime -- American exceptionalism in comparative perspective : explaining trends and variation in the use of incarceration / Tapio Lappi-Seppälä -- How exceptional is the history of violence and criminal justice in the United States? : variation across time and space as the keys to understanding homicide and punitiveness / Randolph Roth -- Making the state pay : violence and the politicization of crime in comparative perspective / Lisa L. Miller -- Comparing serious violent crime in the United States and England and Wales : why it matters, and how it can be done / Zelia Gallo, Nicola Lacey, and David Soskice -- American exceptionalism in community supervision : a comparative analysis of probation in the United States, Scotland, and Sweden / Edward E. Rhine and Faye S. Taxman -- American exceptionalism in parole release and supervision : a European perspective / Dirk van Zyl Smit and Alessandro Corda -- Collateral sanctions and American exceptionalism : a comparative perspective / Nora V. Demleitner -- Index
Author : Mikaila Mariel Lemonik Arthur
Publisher : University of California Press
Page : 368 pages
File Size : 51,9 Mb
Release : 2020-02-25
Category : Law
ISBN : 9780520300019
Law and Justice around the World is designed to introduce students to comparative law and justice, including cross-national variations in legal and justice systems as well as global and international justice. The book draws students into critical discussions of justice around the world today by: taking a broad perspective on law and justice rather than limiting its focus to criminal justice systems examining topics of global concern, including governance, elections, environmental regulations, migration and refugee status, family law, and others focusing on a diverse set of global examples, from Europe, North America, East Asia, and especially the global south, and comparing the United States law and justice system to these other nations continuing to cover core topics such as crime, law enforcement, criminal courts, and punishment including chapter goals to define learning outcomes sharing case studies to help students apply concepts to real life issues Instructor resources include discussion questions; suggested readings, films, and web resources; a test bank; and chapter-by-chapter PowerPoint slides with full-color maps and graphics. By widening the comparative lens to include nations that are often completely ignored in research and teaching, the book paints a more realistic portrait of the different ways in which countries define and pursue justice in a globalized, interconnected world.
Author : Andrew Dilts
Publisher : Fordham Univ Press
Page : 352 pages
File Size : 49,8 Mb
Release : 2014-09-15
Category : Political Science
ISBN : 9780823262434
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.
Author : Pippa Holloway
Publisher : Oxford University Press
Page : 257 pages
File Size : 51,8 Mb
Release : 2014-02
Category : History
ISBN : 9780199976089
Living in Infamy uncovers the origins of felon disfranchisement and traces the expansion of the practice to felons regardless of race and its spread beyond the South, establishing a system that affects the American electoral process today.