Richard Lippke

After discussing the interests that ground theright to democratic political participation,arguments for the disenfranchisement of thosewho commit serious criminal offenses areexamined. The arguments are divided into twogroups. The first group consists of argumentsthat are relatively independent of thejustifying aims of punishment. It is concededthat two of these arguments establish thatsome, though by no means all, serious offendersshould lose the vote for a period of time thatdoes not necessarily overlap with the durationof the other sanctions visited upon them. Thesearguments also imply that the state isjustified in attempting to exclude theoffenders in question from all forms ofpolitical participation, a position thatarguably runs afoul of moral limits onpunishment. The second group of arguments makesexplicit reference to the justifying aims ofpunishment. None supports the blanketdisenfranchisement of felons, though some mayjustify it in relation to some seriousoffenders for certain periods of time. All ofthe arguments supporting the disenfranchisementof serious offenders are most persuasive on theassumption that they live in reasonably justsocieties that are genuinely democratic. Ifthat assumption is false or questionable, thenit is argued that the force of such argumentsmay be weakened considerably.

Discussion in the paper focuses on instituting a requirement that juries in criminal cases make public the reasons for their verdicts. The nature of such a requirement is elaborated, as is the way in which defects in the reasons provided might serve as a basis for appealing convictions. Various arguments for adopting such a requirement are considered, as are objections to doing so. In support of the requirement, I contend that it would enable defendants in criminal cases to ensure that their procedural rights have been respected. Such a requirement can also be construed as a condition of the legitimacy of exercises of political power and as an implication of the right of each person to be treated with equal concern and respect. The main objections to such a requirement concern its possible interference with jury independence and the complications and inefficiencies appeals of reasoned verdicts would produce

Discussion in this paper focuses on how strongly we should prefer non-punishment of persons guilty of serious crimes to punishment of persons innocent of them. William Blackstone's version of that preference, expressed as a ten to one ratio, is first shown to be untenable on standard accounts of legal punishment's justifying aims. Somewhat weaker versions of that ratio also appear suspect. More to the point, Blackstone's adage obscures the crucial way in which there are risks to be assessed in setting up a criminal justice system - the risk that it will not be eff ective enough at apprehending and punishing serious off enders, as well as the risk that it will expose innocent persons to harsh punishment. I urge a balancing of such risks, and argue that the salient features of many contemporary criminal justice systems can be plausibly interpreted as attempting to achieve and maintain such a balance. We do not grant criminal defendants a presumption of innocence that the state must overcome with proof of guilt beyond a reasonable doubt in order to institutionally express a strong degree of preference for non-punishment of the guilty to punishment of the innocent. Instead, we do so in order to ensure that institutions of legal punishment have suffi cient scope while preserving their ability to accurately sort the guilty from the innocent

Imprisonment imposes very substantial losses and deprivations on people convicted of crimes. The question for which crimes imprisonment is an appropriate sanction is addressed employing both retributive and crime reduction approaches to the justification of legal punishment. Although there is not complete convergence between what the two approaches imply about its use, it is argued that both would reserve imprisonment for serious offenses, ones that inflict or threaten significant harms with moderate to high levels of culpability. Thus, neither approach supports the current use of imprisonment to sanction a range of lesser offenses. Key Words: crime reduction • imprisonment • retribution.