Another prisoners' dilemma: Voting rights of the incarcerated

Gangwar, Shivangi (2021) Another prisoners' dilemma: Voting rights of the incarcerated. Journal of Law & Economics, 3 (2). pp. 133-142. ISSN 25822667

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Myriad ways are employed to punish persons found guilty of committing offences. One of the consequences, intended or otherwise, of incarceration is disenfranchisement. Many countries in the world do not permit prisoners to vote in national or local elections. India is one of them. This Short Note aims to undertake an economic analysis of this policy of disenfranchisement. It uses the usual tools found in an economist's toolbox, be it a cost-benefit analysis or risk aversion, to figure out how efficient it is to disallow prisoners from voting. The Note also undertakes a public choice analysis of this issue. It also looks at judgments passed by constitutional courts around the world considering the voting rights of prisoners to find any instance of the judiciary indulging in an economic analysis of this issue. Using these different means, it makes an argument for the enfranchisement of prisoners, to reduce the social costs arising from enforcing this kind of punishment.

Item Type: Article
Keywords: Voting rights | Prisoner rights | Risk aversion | Public choice | Cost-benefit analysis | Law and economics
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 06 Feb 2022 09:57
Last Modified: 06 Feb 2022 09:57
Official URL:


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