Privilege or Punish: Criminal Justice and the Challenge of Family Ties

Hardcover | April 20, 2009

byDan Markel, Jennifer M Collins, Ethan J Leib

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Privilege or Punish: Criminal Justice and the Challenge of Family Ties will expose some of the challenges the American criminal justice system faces when it intersects with the interests of the family. The authors find that the state does not always impinge upon family members in the courseof investigating or prosecuting all the crimes about which it knows. Legal institutions and actors frequently defer to the decision of family members to prioritize their duties to family over their duties as citizens. Some examples of these accommodations include evidentiary privileges that enablefamily members to avoid furnishing evidence against their loved ones or exemptions for family members from laws prohibiting the harboring of fugitive. The authors characterize state policies that appear to promote family interests as "family ties benefits" - and there are many of them. The authors generally oppose conferring family ties benefits in the criminal justice system. This is a controversial stance, but Markel, Collins, and Leib argue that in many circumstances there are simply too many costs to the criminal justice system when it gives special benefits to familymembers, while at the same time excluding citizens who are not part of a state-sanctioned family unit.

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Privilege or Punish: Criminal Justice and the Challenge of Family Ties will expose some of the challenges the American criminal justice system faces when it intersects with the interests of the family. The authors find that the state does not always impinge upon family members in the courseof investigating or prosecuting all the crime...

Dan Markel is Assistant Professor of Law at Florida State University College of Law and the Founder and Editor in Chief of "prawfs.com." Jennifer Collins is an Associate Professor of Law at Wake Forest University School of Law. Ethan Leib is an Associate Professor of Law at the University of California Hastings College of L...

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Kobo ebook|Nov 9 2011

$38.49 online$49.99list price(save 23%)
Format:HardcoverDimensions:200 pages, 9.25 × 6.13 × 0.98 inPublished:April 20, 2009Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195380061

ISBN - 13:9780195380064

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