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Vol 24 No 9 Sept/Oct 2019

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The Anti-Suit Injunction

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Punishment and Citizenship: A Theory of Criminal Disenfranchisement


ISBN13: 9780190848620
Published: January 2019
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £47.99



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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.

Subjects:
Criminology
Contents:
Chapter 1: Introduction
Chapter 2: Disenfranchisement and Citizenship: The Ancient Model
Chapter 3: Contemporary Dimensions of Criminal Disenfranchisement
Chapter 4: The Nature of Criminal Disenfranchisement
Chapter 5: Models of Citizenship Requirements
Chapter 6: The Citizenship Status of Criminal Offenders
Chapter 7: The Profile of the Disenfranchised Offender
Chapter 8: Conclusion
Notes
References
Index

Series: Studies in Penal Theory and Philosophy

Taming the Presumption of Innocence ISBN 9780190469191
Published March 2016
Oxford University Press
£91.00
Popular Punishment: On the Normative Significance of Public Opinion ISBN 9780199941377
Published July 2014
Oxford University Press
£52.00