Privilege and Punishment

2022-06-21

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Author: Matthew Clair
Publisher: Princeton University Press
ISBN: 069123387X
Category : Social Science
Languages : en
Pages : 320

How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.

Privilege Or Punish

2009

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Author: Dan Markel
Publisher: Oxford University Press
ISBN: 0195380061
Category : Law
Languages : en
Pages : 252

Privilege or Punish: Criminal Justice and the Challenge of Family Ties will expose some of the challenges the American criminal justice system faces when it intersects with the interests of the family. The authors find that the state does not always impinge upon family members in the course of investigating or prosecuting all the crimes about which it knows. Legal institutions and actors frequently defer to the decision of family members to prioritize their duties to family over their duties as citizens. Some examples of these accommodations include evidentiary privileges that enable family members to avoid furnishing evidence against their loved ones or exemptions for family members from laws prohibiting the harboring of fugitive. The authors characterize state policies that appear to promote family interests as "family ties benefits" - and there are many of them. The authors generally oppose conferring family ties benefits in the criminal justice system. 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 benefits to family members, while at the same time excluding citizens who are not part of a state-sanctioned family unit.

The Lifer and the Lawyer

2020-12-09

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Author: George Critchlow
Publisher: Wipf and Stock Publishers
ISBN: 1725278383
Category : Biography & Autobiography
Languages : en
Pages : 191

It is true that some people are very damaged. It is not true that they are all unsalvageable. The Lifer and the Lawyer raises questions about childhood trauma, religion, race, the purpose of punishment, and a criminal justice system that requires harmless old men to die in prison. It is a true story about Michael Anderson, an aging African American man who grew up poor and abused on Chicago's south side and became a violent and predatory criminal. Anderson has now spent the last forty-three years in prison as a result of a 1978 crime spree that took place in southeastern Washington. The book describes his spiritual and moral transformation in prison and challenges society's assumption that he was an irredeemable monster. It also tells the story of the author's evolving relationship with Anderson that began in 1979 when Critchlow, a young white lawyer from a privileged background, was appointed to defend Anderson on twenty-two violent felony charges. For Anderson, this is a story about overcoming childhood trauma and learning how to empathize and love through faith and self-knowledge. For Critchlow, the story also raises questions about how we become who we are--about race, culture, and opportunity. Finally, the book is a revealing commentary on our criminal justice system's obsession with life sentences.

Privilege

2008-12-30

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Author: Kate Brian
Publisher: Simon and Schuster
ISBN: 1416967591
Category : Juvenile Fiction
Languages : en
Pages : 304

After Ariana Osgood is arrested for mudering Thomas Pearson, she spends two years in jail plotting her escape to return to the glamorous life she left behind.

Crimes of Privilege

2001

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Author: Neal Shover
Publisher: Oxford University Press, USA
ISBN: 9780195136203
Category : Social Science
Languages : en
Pages : 433

Nearly six decades have passed since the concept of white-collar crime was introduced and systematic scholarly investigation of it began. Although it has proven to be one of the most challenging and controversial topics in sociology, the concept has taken firm root in lay and scholarly lexicons where it is widely understand and used to denote a type of crime that differs fundamentally from street crime. One way it is different is the backgrounds and characteristics of it perpetrators; the poor and disreputable fodder routinely encountered in police stations and in studies of street crime are seldom in evidence here. Most if not all white-collar offenders by contrast are distinguished by lives by privilege, much of it with origins in class inequality. This reader begins together under a unifying theoretical approach the current state of knowledge about and debate over white-collar crime. Editors' introductions preface each of the six chapters in the book, and each of the thirty-one carefully chosen selections --- both classic and contemporary -- has been significantly edited for readability and suitability for the college student. The readings address conceptual conflicts as well as empirical studies of the strucutre of opportunities, the characteristics of white-collar offenders and their decision making, and the various approaches to controlling white-collar offering. Additionally, the book includes twenty-one specially designed panels that call-out particular issues from the readings by offering case examples taken from local and regional newspapers. Together, the readings and the panels offer the student both analysis and examples of white-collar crime.

Rethinking Punishment

2018-04-19

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Author: Leo Zaibert
Publisher: Cambridge University Press
ISBN: 110867660X
Category : Philosophy
Languages : en
Pages : 278

The age-old debate about what constitutes just punishment has become deadlocked. Retributivists continue to privilege desert over all else, and consequentialists continue to privilege punishment's expected positive consequences, such as deterrence or rehabilitation, over all else. In this important intervention into the debate, Leo Zaibert argues that despite some obvious differences, these traditional positions are structurally very similar, and that the deadlock between them stems from the fact they both oversimplify the problem of punishment. Proponents of these positions pay insufficient attention to the conflicts of values that punishment, even when justified, generates. Mobilizing recent developments in moral philosophy, Zaibert offers a properly pluralistic justification of punishment that is necessarily more complex than its traditional counterparts. An understanding of this complexity should promote a more cautious approach to inflicting punishment on individual wrongdoers and to developing punitive policies and institutions.

Hard Bargains

2016-11-01

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Author: Mona Lynch
Publisher: Russell Sage Foundation
ISBN: 1610448618
Category : Social Science
Languages : en
Pages : 221

The convergence of tough-on-crime politics, stiffer sentencing laws, and jurisdictional expansion in the 1970s and 1980s increased the powers of federal prosecutors in unprecedented ways. In Hard Bargains, social psychologist Mona Lynch investigates the increased power of these prosecutors in our age of mass incarceration. Lynch documents how prosecutors use punitive federal drug laws to coerce guilty pleas and obtain long prison sentences for defendants—particularly those who are African American— and exposes deep injustices in the federal courts. As a result of the War on Drugs, the number of drug cases prosecuted each year in federal courts has increased fivefold since 1980. Lynch goes behind the scenes in three federal court districts and finds that federal prosecutors have considerable discretion in adjudicating these cases. Federal drug laws are wielded differently in each district, but with such force to overwhelm defendants’ ability to assert their rights. For drug defendants with prior convictions, the stakes are even higher since prosecutors can file charges that incur lengthy prison sentences—including life in prison without parole. Through extensive field research, Lynch finds that prosecutors frequently use the threat of extremely severe sentences to compel defendants to plead guilty rather than go to trial and risk much harsher punishment. Lynch also shows that the highly discretionary ways in which federal prosecutors work with law enforcement have led to significant racial disparities in federal courts. For instance, most federal charges for crack cocaine offenses are brought against African Americans even though whites are more likely to use crack. In addition, Latinos are increasingly entering the federal system as a result of aggressive immigration crackdowns that also target illicit drugs. Hard Bargains provides an incisive and revealing look at how legal reforms over the last five decades have shifted excessive authority to federal prosecutors, resulting in the erosion of defendants’ rights and extreme sentences for those convicted. Lynch proposes a broad overhaul of the federal criminal justice system to restore the balance of power and retreat from the punitive indulgences of the War on Drugs.

The Perils of "Privilege"

2017-03-14

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Author: Phoebe Maltz Bovy
Publisher: St. Martin's Press
ISBN: 1250091209
Category : Social Science
Languages : en
Pages : 337

"Privilege--the word, the idea, the j'accuse that cannot be answered with equanimity--is the new rhetorical power play. From social media to academia, public speech to casual conversation, "Check your privilege" or "Your privilege is showing" are utilized to brand people of all kinds with a term once reserved for wealthy, old-money denizens of exclusive communities. Today, "privileged" applies to anyone who enjoys an unearned advantage in life, about which they are likely oblivious. White privilege, male privilege, straight privilege--those conditions make everyday life easier, less stressful, more lucrative, and generally better for those who hold one, two, or all three designations. But what about white female privilege in the context of feminism? Or fixed gender privilege in the context of transgender? Or weight and height privilege in the context of hiring practices and salary levels? Or food privilege in the context of public health? Or two parent, working class privilege in the context of widening inequality for single parent families? In The Perils of Privilege, Phoebe Maltz Bovy examines the rise of this word into extraordinary potency. Does calling out privilege help to change or soften it? Or simply reinforce it by dividing people against themselves? And is privilege a concept that, in fact, only privileged people are debating?"--

Entitled

2020-08-11

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Author: Kate Manne
Publisher: Crown
ISBN: 1984826557
Category : Social Science
Languages : en
Pages : 290

An urgent exploration of men’s entitlement and how it serves to police and punish women, from the acclaimed author of Down Girl “Kate Manne is a thrilling and provocative feminist thinker. Her work is indispensable.”—Rebecca Traister NAMED ONE OF THE BEST BOOKS OF THE YEAR BY THE ATLANTIC In this bold and stylish critique, Cornell philosopher Kate Manne offers a radical new framework for understanding misogyny. Ranging widely across the culture, from Harvey Weinstein and the Brett Kavanaugh hearings to “Cat Person” and the political misfortunes of Elizabeth Warren, Manne’s book shows how privileged men’s sense of entitlement—to sex, yes, but more insidiously to admiration, care, bodily autonomy, knowledge, and power—is a pervasive social problem with often devastating consequences. In clear, lucid prose, Manne argues that male entitlement can explain a wide array of phenomena, from mansplaining and the undertreatment of women’s pain to mass shootings by incels and the seemingly intractable notion that women are “unelectable.” Moreover, Manne implicates each of us in toxic masculinity: It’s not just a product of a few bad actors; it’s something we all perpetuate, conditioned as we are by the social and cultural mores of our time. The only way to combat it, she says, is to expose the flaws in our default modes of thought while enabling women to take up space, say their piece, and muster resistance to the entitled attitudes of the men around them. With wit and intellectual fierceness, Manne sheds new light on gender and power and offers a vision of a world in which women are just as entitled as men to our collective care and concern.

Punishment and Citizenship

2019

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Author: Milena Tripkovic
Publisher:
ISBN: 0190848626
Category : Law
Languages : en
Pages : 193

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.