Disenfranchisement as Punishment: Reflections on the Racial Uses of \u3ci\u3eInfamia\u3c/i\u3e

The practice of disenfranchising felons, though decreasing, is still widespread. In this Article, Professor George Fletcher reflects on the use of disenfranchisement as punishment, the lack of a convincing theoretical justification for it, and its disproportionate impact on the African.American community. Fletcher presents a number of powerful arguments against the constitutionality of the practice, but he emphasizes that there is a deeper problem with disenfranchisement as punishment: It reinforces the branding of felons as an untouchable class and thus helps to prevent their effective reintegration into our society