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Beyond Punishment? - A Normative Account of the Collateral Legal Consequences of Conviction (Hardcover)
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Beyond Punishment? - A Normative Account of the Collateral Legal Consequences of Conviction (Hardcover)
Series: Studies in Penal Theory and Philosophy
Expected to ship within 12 - 17 working days
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People convicted of crimes are subject to a criminal sentence, but
they also face a host of other restrictive legal measures: Some are
denied access to jobs, housing, welfare, the vote, or other goods.
Some may be deported, may be subjected to continued detention, or
may have their criminal records made publicly accessible. These
measures are often more burdensome than the formal sentence itself.
In Beyond Punishment?, Zachary Hoskins offers a philosophical
examination of these burdensome legal measures, called collateral
legal consequences. Drawing on resources in moral, legal, and
political philosophy, Hoskins analyzes the various kinds of
collateral consequences imposed in different legal systems and the
important moral challenges they raise. Can collateral legal
consequences ever be justified as forms of criminal punishment or
as civil measures? Hoskins contends that, considered as forms of
punishment, such restrictions should be constrained by
considerations of proportionality and offender reform. He also
argues that they may in a limited range of cases be permissible as
risk-reductive civil measures. Whether considered as criminal
punishment or civil measures, however, collateral legal
consequences are justifiable in a far narrower range of cases than
we find in current legal practice. Considering just how pervasive
collateral legal consequences have become and their dramatic
effects on offenders' lives, Beyond Punishment? sheds valuable
light on whether these restrictive measures are ever morally
justified.
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