Beyond punishment? : a normative account of the collateral legal consequences of conviction

목차 (Table of Contents)

• CONTENTS
• Acknowledgments = xi
• PART I The Moral Challenge of Collateral Legal Consequences
• 1 The Other Consequences of Conviction = 3
• 1.1 "Collateral," "Legal Consequences," and "Offenders" = 8
• 1.2 Varieties of Collateral Consequences = 10
• 1.3 Collateral Legal Consequences as a Challenge for Philosophy = 24
• 1.4 Overview of the Book = 29
• 2 Civil Measures or Punishment? = 32
• 2.1 What's at Stake = 36
• 2.2 Practical Implications = 39
• 2.3 Do Collateral Legal Consequences Function as Punishment? = 42
• 2.4 Assessing CLCs = 51
• 2.5 Objections = 59
• 2.6 Implications = 62
• PART II Collateral Legal Consequences as Punishment
• 3 Traditional Rationales and Constraints = 71
• 3.1 Why Punish? = 74
• 3.2 Cardinal Proportionality = 81
• 3.3 Ordinal Proportionality = 87
• 3.4 Ordinal and Cardinal Proportionality Combined = 93
• 3.5 Earned and Unearned Desert = 95
• 3.6 Conclusion = 99
• 4 Contemptuous Punishment = 101
• 4.1 Contempt as a Moral Attitude = 102
• 4.2 Contempt, Respect, and Reform = 108
• 4.3 Contemptuous Punishment = 110
• 4.4 Contemptuous Collateral Legal Consequences = 115
• 4.5 Objections and Responses = 119
• 4.6 Conclusion = 122
• PART III Collateral Legal Consequences as Civil Measures
• 5 The Case against Collateral Legal Consequences as Civil Measures = 127
• 5.1 CLCs and Equal Treatment = 130
• 5.2 Punishment and Justification = 133
• 5.3 Punishment as Debt Payment = 137
• 5.4 CLCs during and after Punishment = 142
• 6 Noninstrumental Justifications = 144
• 6.1 The Social Contract and Rights Forfeiture = 144
• 6.2 Distributive Justice = 151
• 6.3 Retributive Justice = 155
• 6.4 Competence = 155
• 6.5 Democratic Self-Determination = 158
• 6.6 Civic Trust = 162
• 6.7 Conclusion = 163
• 7 Instrumental Justifications = 165
• 7.1 Compelling Interest = 167
• 7.2 Effectiveness = 170
• 7.3 Net Benefit = 171
• 7.4 Least Burdensome Alternative = 173
• 7.5 Incapacitation and Autonomy = 175
• 7.6 Collateral Legal Consequences and Equal Treatment = 177
• 7.7 Civil CLCs and Offender Reform = 184
• 7.8 Conclusion = 186
• PART IV Further Questions
• 8 Prosecutors, Guilty Pleas, and Collateral Legal Consequences = 191
• 8.1 The Legal Consequences of a Guilty Plea = 191
• 8.2 The State, Prosecutors, and Informed Plea Decisions = 196
• 8.3 How Much Information? = 200
• 8.4 Practical Implications = 204
• 9 Collateral Consequences and Criminalization = 209
• 9.1 Collateral Consequences, the Harm Principle, and Legal Moralism = 210
• 9.2 Collateral Consequences and the Legitimacy of Criminalization = 219
• 9.3 Conclusion = 222
• Bibliography = 223
• List of Legal Cases Cited = 243
• Index = 245