Download or read book Punishment Participatory Democracy and the Jury written by Albert W. Dzur and published by Oxford University Press. This book was released on 2012-08-01 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Punishment Participatory Democracy and the Jury written by Albert W. Dzur and published by . This book was released on 2012 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing contemporary democratic theory on the neglected topic of punishment, this book argues for increased civic engagement in criminal justice as an antidote to the American penal state. It considers how the jury may serve as a participatory institution that gathers and utilizes citizen's juridical capabilities rather than merely expressing unreflective public opinion.
Download or read book Democratic Theory and Mass Incarceration written by Albert W. Dzur and published by Oxford University Press. This book was released on 2016 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite its increasing visibility as a social issue, mass incarceration - and its inconsistency with core democratic ideals - rarely surfaces in contemporary political theory. Democratic Theory and Mass Incarceration seeks to overcome this puzzling disconnect by deepening the dialogue between democratic theory and punishment policy.
Download or read book Punishment Participatory Democracy and the Jury written by Albert W. Dzur and published by Oxford University Press. This book was released on 2012-09-13 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing democratic theory on the pressing issue of punishment, this book argues for participatory institutional designs as antidotes to the American penal state.
Download or read book Rebuilding Public Institutions Together written by Albert W. Dzur and published by Cornell University Press. This book was released on 2017-10-15 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Democracy Inside written by Albert W. Dzur and published by . This book was released on 2019 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: In our current era of deep distrust in our politics and political institutions, there is also a pervasive sense that social problems are so overwhelmingly complex that it is virtually impossible to solve them. In Democracy Inside, Albert W. Dzur looks at recent instances of effective citizen action across the United States to develop a grounded political theory of democratic change, one in which citizens effectively engage with institutions. Drawing on qualitative interviews with practitioners involved in democratic schools, restorative and community justice, and collaborative city governance, Dzur stresses that we need to turn to ordinary, daily life and focus on how "democratic professionals" are breaking down barriers and bring people into decision-making processes at the granular level. These reformers are not transforming high politics or national-scale institutions, but they have been effective at changing the routine, everyday practices where people live and work. As Democracy Inside shows, if we really want to expand the democracy and build citizen engagement intensity in American life, we need to look beyond traditional politics and transform our classrooms, courtrooms, and offices into accessible civic spaces.
Download or read book Defending the Jury written by Laura I Appleman and published by Cambridge University Press. This book was released on 2015-04-09 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets forth a new approach to twenty-first-century criminal justice and punishment, one that fully involves the community, providing a better way to make our criminal process more transparent and inclusive. Using the prism of the Sixth Amendment community jury trial, this book offers fresh and much-needed ways to incorporate the citizenry into the procedures of criminal justice, thereby resulting in greater investment and satisfaction in the system. It exposes the various challenges the American criminal justice system faces because of its ongoing failure to integrate the community's voice. Ultimately, the people's right to participate in the criminal justice system through the criminal jury - a right that is all too often overlooked - is essential to truly legitimizing the criminal process and ensuring its democratic nature.
Download or read book Democratic Theory and Mass Incarceration written by Albert Dzur and published by Oxford University Press. This book was released on 2016-09-26 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Democratic Professionalism written by Albert W. Dzur and published by Penn State Press. This book was released on 2015-10-20 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing expert knowledge to bear in an open and deliberative way to help solve pressing social problems is a major concern today, when technocratic and bureaucratic decision making often occurs with little or no input from the general public. Albert Dzur proposes an approach he calls “democratic professionalism” to build bridges between specialists in domains like law, medicine, and journalism and the lay public in such a way as to enable and enhance broader public engagement with and deliberation about major social issues. Sparking a critical and constructive dialogue among social theories of the professions, professional ethics, and political theories of deliberative democracy, Dzur reveals interests, motivations, strengths, and vulnerabilities in conventional professional roles that provide guideposts for this new approach. He then applies it in examining three practical arenas in which experiments in collaboration and power-sharing between professionals and citizens have been undertaken: public journalism, restorative justice, and the bioethics movement. Finally, he draws lessons from these cases to refine this innovative theory and identify the kinds of challenges practitioners face in being both democratic and professional.
Download or read book Radical Enfranchisement in the Jury Room and Public Life written by Sonali Chakravarti and published by . This book was released on 2019 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Popular Punishment written by Jesper Ryberg and published by Oxford University Press. This book was released on 2014-05-15 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Radical Enfranchisement in the Jury Room and Public Life written by Sonali Chakravarti and published by University of Chicago Press. This book was released on 2020-01-24 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Punishment and Democracy written by Franklin E. Zimring and published by Oxford University Press, USA. This book was released on 2001 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[A] major study of this unique legislation.... [It] is, quite simply, required reading for anyone interested in crime policy in California, the United States in general, or any modern democratic nation....In an area drenched with emotionalism, the authors have produced a study that is analytically incisive in setting up its categories, conscientious in collecting its data, and judicious in reaching its conclusions. It is also highly readable."--Law andPolitics Book Review "This book is an exemplar of criminology, the science of law-making, law-breaking, and law-enforcing. [The book] will stand for years as both a substantive and methodologicallandmark."--Lawrence W. Sherman, Director, Jerry Lee Center of Criminology, University of Pennsylvania "This would be a better society, with more just and humane policies, if people in authority read and paid attention to this brilliant, closely-reasoned and intensely significant book."--Lawrence Friedman, Stanford Law School
Download or read book We Are the Ones We Have Been Waiting For written by Peter Levine and published by Oxford University Press. This book was released on 2013-10-07 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Cambridge Handbook of Deliberative Constitutionalism written by Ron Levy and published by Cambridge University Press. This book was released on 2018-04-19 with total page 723 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Machinery of Criminal Justice written by Stephanos Bibas and published by Oxford University Press. This book was released on 2012-02-28 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two centuries ago, American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But since then, lawyers have gradually taken over the process, silencing victims and defendants and, in many cases, substituting plea bargaining for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, values, and powers. In The Machinery of Criminal Justice, author Stephanos Bibas surveys the developments over the last two centuries, considers what we have lost in our quest for efficient punishment, and suggests ways to include victims, defendants, and the public once again. Ideas range from requiring convicts to work or serve in the military, to moving power from prosecutors to restorative sentencing juries. Bibas argues that doing so might cost more, but it would better serve criminal procedure's interests in denouncing crime, vindicating victims, reforming wrongdoers, and healing the relationships torn by crime.
Download or read book Punishment and Citizenship written by Milena Tripkovic and published by . This book was released on 2019 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal disenfranchisement-the practice of restricting electoral rights following criminal conviction-is the only surviving electoral restriction of adult, mentally competent citizens in contemporary democracies. Despite the strong devotion to the principle of universal suffrage, criminal offenders are still routinely deprived of active and passive franchise, while the justifications for such limitations remain elusive and incoherent. In Punishment and Citizenship, Milena Tripkovic develops an empirical and normative account of criminal disenfranchisement. Starting from historical precedents of such restrictions and examining the current policies of a number of European countries, Tripkovic argues that while criminal disenfranchisement is considered a form of punishment, it should instead be viewed as a citizenship sanction imposed when a citizen fails to perform their role as a member of a political community. In order to determine the justifications of disenfranchisement, Tripkovic explores various citizenship ideals and examines whether criminal offenders comply with the expectations that are posed before them. After developing a theoretical framework of citizenship duties, Tripkovic concludes that very few criminal offenders fail to satisfy fundamental citizenship conditions and exhaustive voting restrictions cannot ultimately be justified. A comprehensive assessment of criminal disenfranchisement, Punishment and Citizenship offers concrete policy suggestions to determine the limited circumstances under which electoral rights could justifiably be withheld from criminal offenders.
