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Punishment, Participatory Democracy, and the Jury (Hardcover)
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Punishment, Participatory Democracy, and the Jury (Hardcover)
Series: Studies in Penal Theory and Philosophy
Expected to ship within 12 - 17 working days
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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.
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