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

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

NOOK Book(eBook)

$51.49 $62.99 Save 18% Current price is $51.49, Original price is $62.99. You Save 18%.
View All Available Formats & Editions

Available on Compatible NOOK Devices and the free NOOK Apps.
WANT A NOOK?  Explore Now
LEND ME® See Details


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.

Product Details

ISBN-13: 9780190452261
Publisher: Oxford University Press
Publication date: 04/20/2009
Sold by: Barnes & Noble
Format: NOOK Book
Sales rank: 1,090,416
File size: 683 KB

About the Author

Dan Markel is Assistant Professor of Law at Florida State University College of Law and the Founder and Editor in Chief of "" Jennifer Collins is an Associate Professor of Law at Wake Forest University School of Law. Ethan Leib is an Associate Professor of Law at the University of California Hastings College of Law.

Customer Reviews

Most Helpful Customer Reviews

See All Customer Reviews