Criminal Law and Philosophy 11 (4):645-659 (2017)

It is well documented that the effects of legal punishment tend to drift to the family members, friends, and larger communities of convicted offenders. Instead of conceiving of punishment drift as incidental to legal punishment, or as merely foreseen but not intended by state authorities and thus permissible, I argue that efforts ought to be undertaken to limit or ameliorate it. Failure to confine punishment drift comes perilously close to punishment of the innocent and is at odds with other legal doctrines and broader penal practices that hold offenders, and offenders alone, responsible for their crimes. Numerous arguments urging tolerance of punishment drift, or more assertively defending it, are examined and found wanting.
Keywords Legal punishment  Collateral consequences  Collateral sanctions  Punishment of innocent  Crime reduction  Retribution  Imprisonment
Categories (categorize this paper)
DOI 10.1007/s11572-016-9392-7
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 71,290
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

Unintentional Punishment.Adam J. Kolber - 2012 - Legal Theory 18 (1):1-29.
Sins of Their Children: Parental Responsibility for Juvenile Delinquency.Gilbert Geis & Arnold Binder - 1991 - Notre Dame Journal of Law, Ethics and Public Policy 5 (2):303-322.

Add more references

Citations of this work BETA

The Social Injustice of Parental Imprisonment.Lars Lindblom & William Bülow - 2020 - Moral Philosophy and Politics 7 (2):299-320.

Add more citations

Similar books and articles

Some Surprising Implications of Negative Retributivism.Richard L. Lippke - 2014 - Journal of Applied Philosophy 31 (1):49-62.
Punishment: Consequentialism.David Wood - 2010 - Philosophy Compass 5 (6):455-469.
Capital Punishment: Its Lost Appeal?Christopher P. Ferbrache - 2013 - Essays in the Philosophy of Humanism 21 (2):75-89.
Retributive Parsimony.Richard L. Lippke - 2009 - Res Publica 15 (4):377-395.
''Deterrent Punishment and Respect for Persons''.Zachary Hoskins - 2011 - Ohio State Journal of Criminal Law 8 (2):369-384.
Making Sense of Retributivism.J. Angelo Corlett - 2001 - Philosophy 76 (1):77-110.
Imprisonable Offenses.Richard Lippke - 2006 - Journal of Moral Philosophy 3 (3):265-287.


Added to PP index

Total views
56 ( #204,750 of 2,518,781 )

Recent downloads (6 months)
3 ( #205,867 of 2,518,781 )

How can I increase my downloads?


My notes