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.
Constitutional Law | Criminal Law | Criminal Procedure | Law | Law and Philosophy
George P. Fletcher,
Disenfranchisement as Punishment: Reflections on the Racial Uses of Infamia,
UCLA L. Rev.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1063