Document Type
Article
Publication Date
1999
Abstract
The practice of disenfranchising felons, though decreasing, is still widespread. In this Article, Professor George Fletcher reflects on the use of disenfranchisement as punishment, the lack of a convincing theoretical justification for it, and its disproportionate impact on the African.American community. Fletcher presents a number of powerful arguments against the constitutionality of the practice, but he emphasizes that there is a deeper problem with disenfranchisement as punishment: It reinforces the branding of felons as an "untouchable" class and thus helps to prevent their effective reintegration into our society.
Disciplines
Constitutional Law | Criminal Law | Criminal Procedure | Law | Law and Philosophy
Recommended Citation
George P. Fletcher,
Disenfranchisement as Punishment: Reflections on the Racial Uses of Infamia,
46
UCLA L. Rev.
1895
(1999).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/1063
Included in
Constitutional Law Commons, Criminal Law Commons, Criminal Procedure Commons, Law and Philosophy Commons
Comments
This article was originally published in the UCLA Law Review.