Privilege or Punish
Criminal Justice and the Challenge of Family Ties
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Product details:
- Publisher OUP USA
- Date of Publication 7 May 2009
- ISBN 9780195380064
- Binding Hardback
- No. of pages252 pages
- Size 236x155x22 mm
- Weight 499 g
- Language English 0
Categories
Long description:
This book answers two basic but under-appreciated questions: first, how does the American criminal justice system address a defendant's family status? And, second, how should a defendant's family status be recognized, if at all, in a criminal justice system situated within a liberal democracy committed to egalitarian principles of non-discrimination? After surveying the variety of "family ties benefits" and "family ties burdens" in our criminal justice system, the authors explain why policymakers and courts should view with caution and indeed skepticism any attempt to distribute these benefits or burdens based on one's family status. This is a controversial stance, but Markel, Collins, and Leib argue that in many circumstances there are simply too many costs to the criminal justice system when it gives special treatment based on one's family ties or responsibilities.
Privilege or Punish breaks new ground by offering an important synthetic view of the intersection between crime, punishment, and the family. Although in recent years scholars have been successful in analyzing the indirect effects of certain criminal justice policies and practices on the family, few have recognized the panoply of laws (whether statutory or common law-based) expressly drawn to privilege or disadvantage persons based on family status alone. It is critically necessary to pause and think through how and why our laws intentionally target one's family status and how the underlying goals of such a choice might better be served in some cases. This book begins that vitally important conversation with an array of innovative policy recommendations that should be of interest to anyone interested in the improvement of our criminal justice system.
Table of Contents:
Introduction
Part I: The Challenge of Family Ties Benefits
Intersections Between Family and the State's Criminal Justice System
A Framework for Analyzing Family Ties Benefits
Applying the Spartan Presumption to Family Ties Benefits
Part II: The Challenge of Family Taxes
Sites of Familial Taxes
A Framework For Family Taxes
Evaluating the Case Against Family Taxes
Index
