Privilege and Punishment

Privilege and Punishment

Author: Matthew Clair

Publisher: Princeton University Press

Published: 2022-06-21

Total Pages: 320

ISBN-13: 069123387X

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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.


The Lifer and the Lawyer

The Lifer and the Lawyer

Author: George Critchlow

Publisher: Wipf and Stock Publishers

Published: 2020-12-09

Total Pages: 190

ISBN-13: 1725278383

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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 or Punish

Privilege or Punish

Author: Dan Markel

Publisher: Oxford University Press

Published: 2009-04-20

Total Pages: 252

ISBN-13: 0199745129

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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.


Privilege

Privilege

Author: Kate Brian

Publisher: Simon and Schuster

Published: 2008-12-30

Total Pages: 304

ISBN-13: 1416967591

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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

Crimes of Privilege

Author: Neal Shover

Publisher: Oxford University Press, USA

Published: 2001

Total Pages: 433

ISBN-13: 9780195136203

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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

Rethinking Punishment

Author: Leo Zaibert

Publisher: Cambridge University Press

Published: 2018-04-19

Total Pages: 278

ISBN-13: 110867660X

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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.


Invisible Privilege

Invisible Privilege

Author: Paula S. Rothenberg

Publisher:

Published: 2000

Total Pages: 248

ISBN-13:

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"Reviewing the social upheaval of the seventies that challenged fundamental assumptions about gender roles, race relations, and even the nature of the family, Rothenberg tells how she gained a new understanding of what it meant to be an educator and activist.


Discipline and Punish

Discipline and Punish

Author: Michel Foucault

Publisher: Vintage

Published: 2012-04-18

Total Pages: 354

ISBN-13: 0307819299

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A brilliant work from the most influential philosopher since Sartre. In this indispensable work, a brilliant thinker suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.


White Kids

White Kids

Author: Margaret A. Hagerman

Publisher: NYU Press

Published: 2020-02-01

Total Pages: 268

ISBN-13: 147980245X

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Winner, 2019 William J. Goode Book Award, given by the Family Section of the American Sociological Association Finalist, 2019 C. Wright Mills Award, given by the Society for the Study of Social Problems Riveting stories of how affluent, white children learn about race American kids are living in a world of ongoing public debates about race, daily displays of racial injustice, and for some, an increased awareness surrounding diversity and inclusion. In this heated context, sociologist Margaret A. Hagerman zeroes in on affluent, white kids to observe how they make sense of privilege, unequal educational opportunities, and police violence. In fascinating detail, Hagerman considers the role that they and their families play in the reproduction of racism and racial inequality in America. White Kids, based on two years of research involving in-depth interviews with white kids and their families, is a clear-eyed and sometimes shocking account of how white kids learn about race. In doing so, this book explores questions such as, “How do white kids learn about race when they grow up in families that do not talk openly about race or acknowledge its impact?” and “What about children growing up in families with parents who consider themselves to be ‘anti-racist’?” Featuring the actual voices of young, affluent white kids and what they think about race, racism, inequality, and privilege, White Kids illuminates how white racial socialization is much more dynamic, complex, and varied than previously recognized. It is a process that stretches beyond white parents’ explicit conversations with their white children and includes not only the choices parents make about neighborhoods, schools, peer groups, extracurricular activities, and media, but also the choices made by the kids themselves. By interviewing kids who are growing up in different racial contexts—from racially segregated to meaningfully integrated and from politically progressive to conservative—this important book documents key differences in the outcomes of white racial socialization across families. And by observing families in their everyday lives, this book explores the extent to which white families, even those with anti-racist intentions, reproduce and reinforce the forms of inequality they say they reject.


The Perils of "Privilege"

The Perils of

Author: Phoebe Maltz Bovy

Publisher: St. Martin's Press

Published: 2017-03-14

Total Pages: 337

ISBN-13: 1250091209

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"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?"--