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Of Constitutions, Politics, and Punishment: Criminal Disenfranchisement Law in Comparative Context

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Abstract:

At the beginning of the twenty-first century, the nations of the world display considerable diversity in their policies regarding voting by convicted criminals. This paper offers one of the most comprehensive treatments available in print of comparative criminal-disenfranchisement law, and develops preliminary hypotheses as to how to explain the variation in prisoner-voting policies. I argue that while legal variables?in particular, the constitutional protection of suffrage rights?are a crucial part of the puzzle, a country?s views of crime and punishment may be the more important predictor of whether and why it will bar convicts from voting. In some sampled countries, political culture appears to explain the state of prisoner-voting law more effectively than constitutional texts or judicial decisions.

Most Common Document Word Stems:

vote (209), right (169), crimin (145), prison (141), law (121), disenfranchis (103), state (89), court (77), constitut (68), polit (63), countri (62), american (59), convict (53), inmat (52), one (51), polici (49), justic (49), may (48), punish (47), crime (45), legal (45),

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Keywords: Rights; Voting Rights; Comparative Law; Criminal Justice; Constitutionalism
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Name: American Political Science Association
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MLA Citation:

Ewald, Alec. "Of Constitutions, Politics, and Punishment: Criminal Disenfranchisement Law in Comparative Context" Paper presented at the annual meeting of the American Political Science Association, Boston Marriott Copley Place, Sheraton Boston & Hynes Convention Center, Boston, Massachusetts, Aug 28, 2002 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p66525_index.html>

APA Citation:

Ewald, A. C. , 2002-08-28 "Of Constitutions, Politics, and Punishment: Criminal Disenfranchisement Law in Comparative Context" Paper presented at the annual meeting of the American Political Science Association, Boston Marriott Copley Place, Sheraton Boston & Hynes Convention Center, Boston, Massachusetts Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p66525_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: At the beginning of the twenty-first century, the nations of the world display considerable diversity in their policies regarding voting by convicted criminals. This paper offers one of the most comprehensive treatments available in print of comparative criminal-disenfranchisement law, and develops preliminary hypotheses as to how to explain the variation in prisoner-voting policies. I argue that while legal variables?in particular, the constitutional protection of suffrage rights?are a crucial part of the puzzle, a country?s views of crime and punishment may be the more important predictor of whether and why it will bar convicts from voting. In some sampled countries, political culture appears to explain the state of prisoner-voting law more effectively than constitutional texts or judicial decisions.

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Document Type: .pdf
Page count: 46
Word count: 16320
Text sample:
1 Of Constitutions Politics and Punishment: Criminal Disenfranchisement Law in Comparative Context Alec C. Ewald University of Massachusetts Amherst Aewald@polsci.umass.edu Prepared for the Annual Meetings of the American Political Science Association Boston Massachusetts . August 29­Sept. 1 2002 At the beginning of the twenty­ first century the nations of the world display a considerable diversity in their policies regarding voting by convicted criminals. Political forces sometimes push in different directions: voting rights are increasingly regarded as universal fundamental and
Do. Oxford: Oxford University Press 2001. Tate C. Neal and Torbjörn Vallinder eds. The Global Expansion of Judicial Power. New York: New York University Press 1995. Taylor Ian Paul Walton and Jock Young eds. Critical Criminology. London: Routledge 1975. De Tocqueville Alexis. Democracy in America Vols. I & II. New York: Vintage 1990. Troyer Ronald J. John P. Clark and Dean G. Rojek eds. Social Control in the People's Republic of China. New York: Praeger 1989. Ward David A.


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