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. In doing so, the book resists trends in criminal justice scholarship holding citizen participation to blame for greater penal severity, and it rejects the longstanding skepticism of lay abilities in political theory. It disti ... More

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. In doing so, the book resists trends in criminal justice scholarship holding citizen participation to blame for greater penal severity, and it rejects the longstanding skepticism of lay abilities in political theory. It distinguishes a mass politics mobilized superficially around single issues from more constructive citizen involvement that takes responsibility for public problems. This more positive view of citizen action was once a major justification for the jury trial and is now also manifest in the restorative justice movement, which has incorporated laypeople into community boards and sentencing circles. Jury trials and restorative justice programs 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 deep decline. This book 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 conceive alternative paths forward.