Punitive sanctions can backfire by destroying opportunities that enable desistance.

Evidence

Critics of the more punitive policies and practices note that these criminal justice sanctions had potential unintended or collateral consequences (Alexander, 2010; Tonry, 2011; Western, 2006). The collateral consequences included reduced employment, educational, marital, political, social, and other opportunities that are potentially shuttered or partially attenuated as a result of contact with the CJS. These critics noted that the increased use of criminal justice sanctions might backfire and lead to increased offending due to the fact that the sanctions reduce the very social opportunities that are central to desistance from offending (e.g., employment, marriage). — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 1074

Categorization

  • ADDENDUM: Directly supports the ‘On Sacrifice’ framework of institutional coercion backfiring on the marginalized — sanctions destroy the very social bonds (employment, marriage) that drive desistance from crime.
  • XREF: connects to: Sanctions targeting deviants can backfire by worsening the conduct of natural compliers. — Philip Pettit, Republicanism: A Theory of Freedom and…, 978; Aggressive judicial remedies can backfire and worsen the condition they aim to fix. — G. Alan Tarr, Judicial Process and Judicial…, 1564