The Side-Effects of Imprisonment: Harm to the Family

Abstract

AbstractImprisonment affects prisoners’ families. Empirical research tells us that some families benefit from this separation, particularly when they are victims of crime or abuse. But for many, imprisonment has a negative impact on family life, which can be intensified by other pre-existing factors. The main literature on the harm that imprisonment causes family members is empirical, but these empirical findings raise difficult moral questions. How might we approach these side-effects? One view, The Simple View, suggests these side-effects are proportionate so long as the overall harm produced does not outweigh the good punishment aims to achieve. This paper defends The Complex View. Here, proportionality requires us to think about factors beyond the magnitude of harm. Drawing upon existing moral and political philosophy, I aim to show three other factors that may alter how certain harms and benefits figure in proportionality calculations.