Punishment, Participatory Democracy, and the Jury PDF Download

Author: Albert W. Dzur
Publisher: Oxford University Press
ISBN: 0199874093
Category : Law
Languages : en
Pages : 232

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Book Description
Focusing democratic theory on the pressing issue of punishment, this book argues for participatory institutional designs as antidotes to the American penal state.

Author: Albert W. Dzur
Publisher: Oxford University Press
ISBN: 0199874107
Category : Law
Languages : en
Pages : 288

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Book Description
Focusing contemporary democratic theory on the neglected topic of punishment, Punishment, Participatory Democracy, and the Jury argues for increased civic engagement in criminal justice as an antidote to the American penal state. Albert W. Dzur considers how the jury, rather than merely expressing unreflective public opinion, may serve as a participatory institution that gathers and utilizes citizens' juridical capabilities. In doing so, the book resists trends in criminal justice scholarship that blame increases in penal severity on citizen participation and rejects political theorists' longstanding skepticism of lay abilities. Dzur distinguishes constructive citizen involvement that takes responsibility for public problems from a mass politics mobilized superficially around single issues. This more positive view of citizen action, which was once a major justification for the jury trial, is now also manifest in the restorative justice movement, which has incorporated lay people into community boards and sentencing circles. Both jury trials and restorative justice programs, Dzur explains, are examples of rational disorganization, in which lay citizen action renders a process less efficient yet also contributes valuable qualities such as attunement, reflectiveness, and full-bodied communication. While restorative justice programs and participatory policy forums such as citizens' juries have become attractive to reformers, traditional juries have suffered a steep and troubling decline. Punishment, Participatory Democracy, and the Jury advocates a broader role for jurors in the criminal courts and more widespread use of jury trials. Though no panacea for a political culture grown too comfortable with criminalization and incarceration, participatory institutional designs that rationally disorganize punishment practices and slow down criminal justice can catalyze civic responsibility and public awareness about the need to find alternative paths forward for America's broken penal system.

Author: Albert W. Dzur
Publisher: OUP USA
ISBN: 0199874093
Category : Philosophy
Languages : en
Pages : 240

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Book Description
Focusing democratic theory on the pressing issue of punishment, Punishment, Participatory Democracy, and the Jury argues for participatory institutional designs as antidotes to the American penal state. Citizen action in institutions like the jury and restorative justice programs can foster the attunement, reflectiveness, and full-bodied communication needed as foundations for widespread civic responsibility for criminal justice.

Author: Albert Dzur
Publisher: Oxford University Press
ISBN: 0190629142
Category : Social Science
Languages : en
Pages : 361

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Book Description
The United States leads the world in incarceration, and the United Kingdom is persistently one of the European countries with the highest per capita rates of imprisonment. Yet despite its increasing visibility as a social issue, mass incarceration - and its inconsistency with core democratic ideals - rarely surfaces in contemporary Anglo-American political theory. Democratic Theory and Mass Incarceration seeks to overcome this puzzling disconnect by deepening the dialogue between democratic theory and punishment policy. This collection of original essays initiates a multi-disciplinary discussion among philosophers, political theorists, and criminologists regarding ways in which contemporary democratic theory might begin to think beyond mass incarceration. Rather than viewing punishment as a natural reaction to crime and imprisonment as a sensible outgrowth of this reaction, the volume argues that crime and punishment are institutions that reveal unmet demands for public oversight and democratic influence. Chapters explore theoretical paths towards de-carceration and alternatives to prison, suggest ways in which democratic theory can strengthen recent reform movements, and offer creative alternatives to mass incarceration. Democratic Theory and Mass Incarceration offers guideposts for critical thinking about incarceration, examining ways to rebuild crime control institutions and create a healthier, more just society.

Author: Albert W. Dzur
Publisher: Cornell University Press
ISBN: 1501721992
Category : Political Science
Languages : en
Pages : 81

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Book Description
The Laurence and Lynne Brown Democracy Medal is an initiative of the McCourtney Institute for Democracy at Pennsylvania State University. It annually recognizes outstanding individuals, groups, and organizations that produce exceptional innovations to further democracy in the United States or around the world. In this book, Albert W. Dzur argues that some of the most innovative and important work in democracy is taking place face-to-face and is being led by professionals who bring those involved into the decision making process. These "democratic professionals" create a culture that leads to better decisions and overcomes what he calls "civic lethargy." He focuses on how this democratic professionalism manifests itself in the operation of a wide range of public institutions, including schools and local government, as well as in the reform of our criminal justice system, from juries to prisons.

Author: Jesper Ryberg
Publisher: Oxford University Press
ISBN: 0199941386
Category : Law
Languages : en
Pages : 273

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Book Description
Should public opinion determine--or even influence--sentencing policy and practice? Should the punishment of criminal offenders reflect what the public regards as appropriate? These deceptively simple questions conceal complex theoretical and methodological challenges to the administration of punishment. In the West, politicians have often answered these questions in the affirmative; penal reforms have been justified with direct reference to the attitudes of the public. This is why the contention that politicians should bridge the gap between the public and criminal justice practice has widespread resonance. Criminal law scholars, for their part, have often been more reluctant to accept public input in penal practice, and some have even held that the idea of consulting public opinion constitutes a populist approach to punishment. The purpose of this book is to examine the moral significance of public opinion for penal theory and practice. For the first time in a single volume the editors, Jesper Ryberg and Julian V. Roberts, have assembled a number of respected criminologists, philosophers, and legal theorists to address the various aspects of why and how public opinion should be reflected in the way the criminal justice system deals with criminals. The chapters address the myriad complexities surrounding this issue by first weighing the justifications for incorporating public views into punishment practices and then considering the various ways this might be achieved through juries, prosecutors, restorative justice programs, and other means.

Author: Sonali Chakravarti
Publisher: University of Chicago Press
ISBN: 022665432X
Category : Law
Languages : en
Pages : 159

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Book Description
Juries have been at the center of some of the most emotionally charged moments of political life. At the same time, their capacity for legitimate decision making has been under scrutiny, because of events like the acquittal of George Zimmerman by a Florida jury for the shooting of Trayvon Martin and the decisions of several grand juries not to indict police officers for the killing of unarmed black men. Meanwhile, the overall use of juries has also declined in recent years, with most cases settled or resolved by plea bargain. With Radical Enfranchisement in the Jury Room and Public Life, Sonali Chakravarti offers a full-throated defense of juries as a democratic institution. She argues that juries provide an important site for democratic action by citizens and that their use should be revived. The jury, Chakravarti argues, could be a forward-looking institution that nurtures the best democratic instincts of citizens, but this requires a change in civic education regarding the skills that should be cultivated in jurors before and through the process of a trial. Being a juror, perhaps counterintuitively, can guide citizens in how to be thoughtful rule-breakers by changing their relationship to their own perceptions and biases and by making options for collective action salient, but they must be better prepared and instructed along the way.

Author: Peter Levine
Publisher: Oxford University Press
ISBN: 0199371296
Category : Political Science
Languages : en
Pages : 248

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Book Description
Chronic unemployment, deindustrialized cities, and mass incarceration are among the grievous social problems that will not yield unless American citizens address them. Peter Levine's We Are the Ones We Have Been Waiting For is a primer for anyone motivated to help revive our fragile civic life and restore citizens' public role. After offering a novel theory of active citizenship, a diagnosis of its decline, and a searing critique of our political institutions, Levine-one of America's most influential civic engagement activists-argues that American citizens must address our most challenging issues. People can change the norms and structures of their own communities through deliberative civic action. He illustrates rich and effective civic work by drawing lessons from YouthBuild USA, Everyday Democracy, the Industrial Areas Foundation, and many other civic groups. Their organizers invite all citizens-including traditionally marginalized people, such as low-income teenagers-to address community problems. Levine explores successful efforts from communities across America as well as from democracies overseas. He shows how cities like Bridgeport, CT and Allentown, PA have bounced back from the devastating loss of manufacturing jobs by drawing on robust civic networks. The next step is for the participants in these local efforts to change policies that frustrate civic engagement nationally. Filled with trenchant analysis and strategies for reform, We Are the Ones We Have Been Waiting For analyzes and advocates a new citizen-centered politics capable of tackling problems that cannot be fixed in any other way.

Author: Sonali Chakravarti
Publisher: University of Chicago Press
ISBN: 022665429X
Category : Law
Languages : en
Pages : 159

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Book Description
Juries have been at the center of some of the most emotionally charged moments of political life. At the same time, their capacity for legitimate decision making has been under scrutiny, because of events like the acquittal of George Zimmerman by a Florida jury for the shooting of Trayvon Martin and the decisions of several grand juries not to indict police officers for the killing of unarmed black men. Meanwhile, the overall use of juries has also declined in recent years, with most cases settled or resolved by plea bargain. With Radical Enfranchisement in the Jury Room and Public Life, Sonali Chakravarti offers a full-throated defense of juries as a democratic institution. She argues that juries provide an important site for democratic action by citizens and that their use should be revived. The jury, Chakravarti argues, could be a forward-looking institution that nurtures the best democratic instincts of citizens, but this requires a change in civic education regarding the skills that should be cultivated in jurors before and through the process of a trial. Being a juror, perhaps counterintuitively, can guide citizens in how to be thoughtful rule-breakers by changing their relationship to their own perceptions and biases and by making options for collective action salient, but they must be better prepared and instructed along the way.

Author: Ron Levy
Publisher: Cambridge University Press
ISBN: 1108304796
Category : Law
Languages : en
Pages : 723

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Book Description
Deliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making. The theory has important implications for constitutionalism - and vice versa - as constitutional laws increasingly shape and constrain political decisions. The full range of these implications has not been explored in the political and constitutional literatures to date. This unique Handbook establishes the parameters of the field of deliberative constitutionalism, which bridges deliberative democracy with constitutional theory and practice. Drawing on contributions from world-leading authors, this volume will serve as the international reference point on deliberation as a foundational value in constitutional law, and will be an indispensable resource for scholars, students and practitioners interested in the vital and complex links between democratic deliberation and constitutionalism.