Punishment and Democracy

Punishment and Democracy
Author: Franklin E. Zimring
Publisher: Oxford University Press, USA
Total Pages: 264
Release: 2001
Genre: Law
ISBN: 9780195136869

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"[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

Punishment, Participatory Democracy, and the Jury

Punishment, Participatory Democracy, and the Jury
Author: Albert W. Dzur
Publisher: Oxford University Press
Total Pages: 232
Release: 2012-09-13
Genre: Law
ISBN: 0199874093

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

Punishment and Citizenship

Punishment and Citizenship
Author: Milena Tripkovic
Publisher: Studies in Penal Theory and Ph
Total Pages: 193
Release: 2018-12-24
Genre: Social Science
ISBN: 0190848626

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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.

When People Want Punishment

When People Want Punishment
Author: Lily L. Tsai
Publisher: Cambridge University Press
Total Pages: 291
Release: 2021-08-12
Genre: Political Science
ISBN: 1108897673

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Against the backdrop of rising populism around the world and democratic backsliding in countries with robust, multiparty elections, this book asks why ordinary people favor authoritarian leaders. Much of the existing scholarship on illiberal regimes and authoritarian durability focuses on institutional explanations, but Tsai argues that, to better understand these issues, we need to examine public opinion and citizens' concerns about retributive justice. Government authorities uphold retributive justice - and are viewed by citizens as fair and committed to public good - when they affirm society's basic values by punishing wrongdoers who act against these values. Tsai argues that the production of retributive justice and moral order is a central function of the state and an important component of state building. Drawing on rich empirical evidence from in-depth fieldwork, original surveys, and innovative experiments, the book provides a new framework for understanding authoritarian resilience and democratic fragility.

Punishment, Participatory Democracy, and the Jury

Punishment, Participatory Democracy, and the Jury
Author: Albert W. Dzur
Publisher: OUP USA
Total Pages: 240
Release: 2012-09-13
Genre: Philosophy
ISBN: 0199874093

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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.

The Politics of Imprisonment

The Politics of Imprisonment
Author: Vanessa Barker
Publisher: Oxford University Press
Total Pages: 265
Release: 2009-08-26
Genre: Social Science
ISBN: 0199708460

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The attention devoted to the unprecedented levels of imprisonment in the United States obscure an obvious but understudied aspect of criminal justice: there is no consistent punishment policy across the U.S. It is up to individual states to administer their criminal justice systems, and the differences among them are vast. For example, while some states enforce mandatory minimum sentencing, some even implementing harsh and degrading practices, others rely on community sanctions. What accounts for these differences? The Politics of Imprisonment seeks to document and explain variation in American penal sanctioning, drawing out the larger lessons for America's overreliance on imprisonment. Grounding her study in a comparison of how California, Washington, and New York each developed distinctive penal regimes in the late 1960s and early 1970s--a critical period in the history of crime control policy and a time of unsettling social change--Vanessa Barker concretely demonstrates that subtle but crucial differences in political institutions, democratic traditions, and social trust shape the way American states punish offenders. Barker argues that the apparent link between public participation, punitiveness, and harsh justice is not universal but dependent upon the varying institutional contexts and patterns of civic engagement within the U.S. and across liberal democracies. A bracing examination of the relationship between punishment and democracy, The Politics of Imprisonment not only suggests that increased public participation in the political process can support and sustain less coercive penal regimes, but also warns that it is precisely a lack of civic engagement that may underpin mass incarceration in the United States.

Democracy and Punishment

Democracy and Punishment
Author: Thomas L. Dumm
Publisher:
Total Pages: 216
Release: 1987
Genre: Political Science
ISBN:

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Democratic Theory and Mass Incarceration

Democratic Theory and Mass Incarceration
Author: Albert Dzur
Publisher: Oxford University Press
Total Pages: 361
Release: 2016-09-26
Genre: Social Science
ISBN: 0190629142

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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.

Locked Out

Locked Out
Author: Jeff Manza
Publisher: Oxford University Press
Total Pages: 376
Release: 2008-04-17
Genre: Law
ISBN: 0195341945

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"Mr. Manza and Mr. Uggen... wade into one of the most contested empirical debates in political science: How many (if any) recent American elections would have gone differently if all former felons had been allowed to vote?"--The Chronicle of Higher Education. Jeff Manza and Christopher Uggen, who understand the vastness of the jailers' reach, follow the story out of the cell and into the voting booth. Locked Out examines how the disenfranchisement of felons shapes American democracyhardly a hypothetical matter in an age of split electorates and hanging chads.... Exacting and fair, their work should persuade even those who come to the subject skeptically that an injustice is at hand.The New York Review of Books. 5.4 million Americans--1 in every 40 voting age adultsare denied the right to participate in democratic elections because of a past or current felony conviction. In several American states, 1 in 4 black men cannot vote due to a felony conviction. In a country that prides itself on universal suffrage, how did the United States come to deny a voice to such a large percentage of its citizenry? What are the consequences of large-scale disenfranchisement--for election outcomes, for the reintegration of former offenders back into their communities, and for public policy more generally? Locked Out exposes one of the most important, yet little known, threats to the health of American democracy today. It reveals the centrality of racial factors in the origins of these laws, and their impact on politics today. Marshalling the first real empirical evidence on the issue to make a case for reform, the authors' path-breaking analysis will inform all future policy and political debates on the laws governing the political rights of criminals.

Trading Democracy for Justice

Trading Democracy for Justice
Author: Traci Burch
Publisher: University of Chicago Press
Total Pages: 266
Release: 2013-08-21
Genre: Political Science
ISBN: 022606509X

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The United States imprisons far more people, total and per capita, and at a higher rate than any other country in the world. Among the more than 1.5 million Americans currently incarcerated, minorities and the poor are disproportionately represented. What’s more, they tend to come from just a few of the most disadvantaged neighborhoods in the country. While the political costs of this phenomenon remain poorly understood, it’s become increasingly clear that the effects of this mass incarceration are much more pervasive than previously thought, extending beyond those imprisoned to the neighbors, family, and friends left behind. For Trading Democracy for Justice, Traci Burch has drawn on data from neighborhoods with imprisonment rates up to fourteen times the national average to chart demographic features that include information about imprisonment, probation, and parole, as well as voter turnout and volunteerism. She presents powerful evidence that living in a high-imprisonment neighborhood significantly decreases political participation. Similarly, people living in these neighborhoods are less likely to engage with their communities through volunteer work. What results is the demobilization of entire neighborhoods and the creation of vast inequalities—even among those not directly affected by the criminal justice system. The first book to demonstrate the ways in which the institutional effects of imprisonment undermine already disadvantaged communities, Trading Democracy for Justice speaks to issues at the heart of democracy.