A law professor and former prosecutor reveals how inconsistent ideas about violence, enshrined in law, are at the root of the problems that plague our entire criminal justice system-from mass incarceration to police brutality. We take for granted that some crimes are violent and others aren't. But how do we decide what counts as a violent act? David Alan Sklansky argues that legal notions about violence-its definition, causes, and moral significance-are functions of political choices, not eternal truths. And these choices are central to failures of our criminal justice system. The common distinction between violent and nonviolent acts, for example, played virtually no role in criminal law before the latter half of the twentieth century. Yet to this day, with more crimes than ever called "violent," this distinction determines how we judge the seriousness of an offense, as well as the perpetrator's debt and danger to society. Similarly, criminal law today treats violence as a pathology of individual character. But in other areas of law, including the procedural law that covers police conduct, the situational context of violence carries more weight. The result of these inconsistencies, and of society's unique fear of violence since the 1960s, has been an application of law that reinforces inequities of race and class, undermining law's legitimacy. A Pattern of Violence shows that novel legal philosophies of violence have motivated mass incarceration, blunted efforts to hold police accountable, constrained responses to sexual assault and domestic abuse, pushed juvenile offenders into adult prisons, encouraged toleration of prison violence, and limited responses to mass shootings. Reforming legal notions of violence is therefore an essential step toward justice.

Everyone is for "democratic policing"; everyone is against a "police state." But what do those terms mean, and what should they mean? The first half of this book traces the connections between the changing conceptions of American democracy over the past half-century and the roughly contemporaneous shifts in ideas about the police—linking, on the one hand, the downfall of democratic pluralism and the growing popularity of participatory and deliberative democracy with, on the other hand, the shift away from the post-war model of professional law enforcement and the movement toward a new orthodoxy of community policing. The second half of the book explores how a richer set of ideas about policing might change our thinking about a range of problems and controversies associated with the police, ranging from racial profiling and the proliferation of private security, to affirmative action and the internal governance of law enforcement agencies.

Everyone is for "democratic policing"; everyone is against a "police state." But what do those terms mean, and what should they mean? The first half of this book traces the connections between the changing conceptions of American democracy over the past half-century and the roughly contemporaneous shifts in ideas about the police-linking, on the one hand, the downfall of democratic pluralism and the growing popularity of participatory and deliberative democracy with, on the other hand, the shift away from the post-war model of professional law enforcement and the movement toward a new orthodoxy of community policing. The second half of the book explores how a richer set of ideas about policing might change our thinking about a range of problems and controversies associated with the police, ranging from racial profiling and the proliferation of private security, to affirmative action and the internal governance of law enforcement agencies.

Focusing on the relationship between prosecutors and democracy, this volume throws light on key questions about prosecutors and the role they should play in liberal self-government. Internationally distinguished scholars discuss how prosecutors can strengthen democracy, how they sometimes undermine it, and why it has proven so challenging to hold prosecutors accountable while insulating them from politics. The contributors explore the different ways legal systems have addressed that challenge in the United States, the United Kingdom, and continental Europe. Contrasting those strategies allows an assessment of their relative strengths - and a richer understanding of the contested connections between law and democratic politics. Chapters are in explicit conversation with each other, facilitating comparison and deepening the analysis. This is an important new resource for legal scholars and reformers, political philosophers, and social scientists.

Focusing on the relationship between prosecutors and democracy, this volume throws light on key questions about prosecutors and the role they should play in liberal self-government. Internationally distinguished scholars discuss how prosecutors can strengthen democracy, how they sometimes undermine it, and why it has proven so challenging to hold prosecutors accountable while insulating them from politics. The contributors explore the different ways legal systems have addressed that challenge in the United States, the United Kingdom, and continental Europe. Contrasting those strategies allows an assessment of their relative strengths - and a richer understanding of the contested connections between law and democratic politics. Chapters are in explicit conversation with each other, facilitating comparison and deepening the analysis. This is an important new resource for legal scholars and reformers, political philosophers, and social scientists.