Punishment, Participatory Democracy, and the Jury by Albert W. DzurPunishment, Participatory Democracy, and the Jury by Albert W. Dzur

Punishment, Participatory Democracy, and the Jury

byAlbert W. Dzur

Hardcover | November 27, 2012

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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 merelyexpressing unreflective public opinion, may serve as a participatory institution that gathers and utilizes citizen's juridical capabilities. In doing so, the book resists trends in criminal justice scholarship that blame increases in penal severity on citizen participation and rejects politicaltheorists' 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 therestorative 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 contributesvaluable 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 increase civic responsibility and public awareness about the need to findalternative paths forward for America's broken penal system.
Albert W. Dzur is an Associate Professor of Political Science and Philosophy, Bowling Green State University and author of Democratic Professionalism: Citizen Participation and the Reconstruction of Professional Ethics, Identity, and Practice (Penn State, 2008)
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Title:Punishment, Participatory Democracy, and the JuryFormat:HardcoverDimensions:240 pages, 9.25 × 6.12 × 0.98 inPublished:November 27, 2012Publisher:OUPLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199874093

ISBN - 13:9780199874095

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Table of Contents

Acknowledgments1. Three Puzzles about Crime, Punishment, and the Death of the American Jury2. The Myth of Penal Populism3. Participatory Democracy and Rational Disorganization4. The Jury as a Civic Schoolhouse5. Democracy in the Court: Lay Contributions to Justice6. Juries, Juries, Everywhere (But Not Inside the Courts)7. Reviving the Jury: Active Juries, Juror Activism, and Institutional Change8. Public Justice vs. the Penal StateBibliographyIndex