The Nature of Criminal Disenfranchisement
This chapter sets up the frame for the subsequent normative analysis by seeking to establish the nature of criminal disenfranchisement. Departing from the common notion that criminal disenfranchisement is a form of punishment, the chapter first contrasts the traits of these two sanctions. A significant discrepancy between them is uncovered, which is based on the finding that disenfranchisement may never be considered a principal or sufficient response to crime, that it stands against the principle of ultima ratio, and that it fundamentally targets the offender rather than the offense. Moving away from punishment, the chapter next establishes that, due to its non-penal aims, disenfranchisement is more akin to security measures but nevertheless lacks the preventive, “risk-based” element that characterizes these sanctions. Ultimately, the chapter proposes that criminal disenfranchisement is a sui generis sanction that—rather than pursuing penal goals—targets the equal citizenship of criminal offenders.