My paper, “What’s Wrong with Differential Punishment,” is forthcoming in Utilitas. My answer is that differential punishment is racially oppressive. This is not terribly surprising, but the paper argues that 1. retributivists should care about d/p qua retributivists, and that 2. those retributivists who do care about d/p do so for the wrong reasons.
Anthony Reeves and John Pittman provided helpful comments on drafts. I also learned a lot from conversations at the fabulous BGSU Workshop on Policing and Prisons.