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Books > Law > Jurisprudence & general issues > Legal profession > Legal ethics & professional conduct
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Privilege or Punish - Criminal Justice and the Challenge of Family Ties (Hardcover)
Loot Price: R2,376
Discovery Miles 23 760
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Privilege or Punish - Criminal Justice and the Challenge of Family Ties (Hardcover)
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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.
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