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  1. Punishment Theory, Mass Incarceration, and the Overdetermination of Racialized Justice.Matthew C. Altman & Cynthia D. Coe - 2022 - Criminal Law and Philosophy 16 (3):631-649.
    In recent years, scholars have documented the racial disparities of mass incarceration. In this paper we argue that, although retributivism and deterrence theory appear to be race-neutral, in the contemporary U.S. context these seemingly contrary theories function jointly to rationalize racial inequities in the criminal justice system. When people of color are culturally associated with criminality, they are perceived as both irresponsible and hyperresponsible, a paradox that reflects their status as what Charles Mills calls subpersons. Following from this paradox, criminality (...)
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  • The Republican and Retributivist Punishment of Police Misconduct.Nicholas Goldrosen - forthcoming - Criminal Law and Philosophy:1-17.
    This paper conceptualizes the administrative punishment of police misconduct as a republican retributivist endeavor. Blameworthiness for police misconduct stems from its collective and civic harms to liberty — as conceived of as equal protection, rather than non-interference. Police have a special obligation to uphold liberty. Failing to uphold these conditions of liberty is what makes misconduct blameworthy. Police misconduct, insofar as it represents the arbitrary domination of some people over others, threatens republican freedom. I trace this conception of police misconduct (...)
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