Privilege or Punish: Criminal Justice and the Challenge of Family Ties


Criminal Justice and the Challenge of Family Ties:.

Privilege or Punish: Criminal Justice and the Challenge of Family Ties.

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Amazon is also selling it here. You can see the cover and the book's description here. With scrupulousness and balance, Privilege or Punish examines and critiques our laws governing an array of intersections between crime, punishment and the family. The proposals the authors make in response are rigorous, provocative and thoughtful.

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First, such laws will rarely be enforced. Should one rat on one's spouse and turn one's children over to the police. Family status may assist perpetrators of domestic violence when assaults are seen as being something to be dealt with outside of the scope of the criminal justice system and with treatment rather than punishment. As a descriptive summary, the book exhaustively documents the diverse ways that criminal law both advantages and burdens actors based on familial status. Their work here is both innovative and meticulous, and other scholars will doubtlessly mine its insights for many years to come. This Article asks two basic questions: Academic Skip to main content.

Privilege or Punish should occupy an enduring place on both the criminal law and family law sides of our legal education and discourse. Oxford University Press is a department of the University of Oxford.

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Privilege or Punish. Criminal Justice and the Challenge of Family Ties. Dan Markel, Jennifer M Collins, and Ethan J Leib. Breaks new ground. This book answers two basic but under-appreciated questions: first, how does the American criminal justice system address a defendant's.

It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide. Academic Skip to main content.

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Oxford Scholarship Online This book is available as part of Oxford Scholarship Online - view abstracts and keywords at book and chapter level. Privilege or Punish Criminal Justice and the Challenge of Family Ties Dan Markel, Jennifer M Collins, and Ethan J Leib Breaks new ground by offering an important synthetic view of the intersection between crime, punishment, and the family Surveys the variety of "family ties benefits" and "family ties burdens" in our criminal justice system, and explains why policymakers and courts should view with caution and skepticism any attempt to distribute these benefits or burdens based on one's family status This book exposes the various challenges the American criminal justice system faces when it intersects with the interests of the family.

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Anyone who violated these norms would be seen as having acted wrongly. There are very good reasons not to enact laws the contravene strong social norms. First, such laws will rarely be enforced.

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Prosecutors will exercise discretion not to enforcement. Judges will be tempted to bend the law to obstruct their enforcement.

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Second, the existence of laws that contravene strong social norms tends to undermine the rule of law--both by reducing respect for law and reinforcing the perception that the law is unjust and not worthy of obedience. Third, and most controversially, it is arguable that postive laws which contravene strong social norms are not laws in the full and complete sense, because they will not be internalized by just citizens.

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There is a further question, of course, which concerns what the social norms should be. Should one rat on one's spouse and turn one's children over to the police. Of course, there are cases when one should do these things.

We can imagine crimes so horrific or a family member who has become so disordered that the ties of family loyalty should dissolve. But it is not obvious to me that these are the ordinary cases. Obviously, there is much to be said about this. Posted by Lawrence Solum on September 29, at Defiant Visions of Power and Community. Criminal Justice and the Challenge of Family Ties.

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