A growing number of philosophers argue that we should treat disadvantaged offenders less harshly than their more privileged peers. I offer a new argument toward that conclusion. I suggest that certain members of the working poor in affluent countries lack the opportunity to make choices that reflect their held values. I then endorse a communicative theory of punishment, according to which punishment is justified by the importance of reaffirming the community’s values in the wake of a violation of those values. I argue that putting these ideas together shows that we should not punish the deprived offender harshly: their circumstances mean that their conduct may not reflect their held values, rendering the basic justification for punishment unsatisfied. The deprived offender should have access to a legal excuse given their circumstances; they should be punished less harshly, if at all.
