Not just punishment: the overlooked harms of the criminal legal system
This thesis contains six essays that explore the ways in which people who are accused of or convicted of crimes are <em>not just punished</em>. Rather, people are mistreated and systematically harmed far before a trial conviction and far beyond a standard prison sentence. Each essay crit...
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| Formato: | Thesis |
| Idioma: | English |
| Publicado em: |
2023
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| Resumo: | This thesis contains six essays that explore the ways in which people who are accused of or convicted of crimes are <em>not just punished</em>. Rather, people are mistreated and systematically harmed far before a trial conviction and far beyond a standard prison sentence. Each essay critically evaluates an overlooked problem in the practices of criminal legal systems. Chapter 1 presents a novel challenge for the justification of <strong>arrests</strong>. Chapter 2 argues that the practice of crediting time served demonstrates that pre-trial detention is actually <strong>pre-trial punishment</strong>. Chapter 3 brings together the literatures on testimonial injustice and criminal confessions to investigate the epistemic harms that occur at and around trial. Chapter 4 demonstrates that defense-introduced <strong>statistical evidence</strong> is not subject to the standard reasons provided to exclude statistical evidence from trial. Chapter 5 argues that unique features of the <strong>death penalty</strong>, unlike standard incarceration, render capital punishment inherently disproportional. Finally, Chapter 6 demonstrates how uncontroversial premises lead us to the surprising conclusion that there is a stronger argument in favor of <strong>compensation</strong> for guilty people who are over-punished than for innocent people who are incorrectly punished. |
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