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Mass Incarceration, Executions, and Gun Violence in “the Land of the Free”

Mugambi Jouet

in Exceptional America: What Divides Americans from the World and from Each Other

Published in print:
2017
Published Online:
September 2017
ISBN:
9780520293298
eISBN:
9780520966468
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520293298.003.0008
Subject:
Political Science, American Politics

Mass incarceration exists in America on a scale unmatched in global history. America is also the only Western democracy that has not abolished the death penalty; and one of the nations that execute ... More


Civic Punishment

R. A. Duff and S. E. Marshall

in Democratic Theory and Mass Incarceration

Published in print:
2016
Published Online:
October 2016
ISBN:
9780190243098
eISBN:
9780190243104
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190243098.003.0003
Subject:
Political Science, Political Theory, American Politics

This chapter argues that in a democratic republic of free and equal citizens, criminal punishment can be adequately justified only if it can be portrayed as a civic duty that offenders ought to ... More


Criminal Cases

in Specializing the Courts

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226039541
eISBN:
9780226039565
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226039565.003.0004
Subject:
Political Science, American Politics

This chapter explores the specialization in criminal law in the states, highlighting the courts that hear specific subsets of criminal cases. Separating criminal and civil cases allows judges who ... More


Democracy All the Way Down: Deliberative Democracy and Criminal Law: The Case of Social Protests

Roberto Gargarella

in Democratic Theory and Mass Incarceration

Published in print:
2016
Published Online:
October 2016
ISBN:
9780190243098
eISBN:
9780190243104
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190243098.003.0013
Subject:
Political Science, Political Theory, American Politics

This chapter, which has both descriptive and normative aims, explores possible connections between a particular theory of democracy, namely deliberative democracy, and the criminal law. The ... More


A Democratic Theory of Imprisonment

Peter Ramsay

in Democratic Theory and Mass Incarceration

Published in print:
2016
Published Online:
October 2016
ISBN:
9780190243098
eISBN:
9780190243104
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190243098.003.0005
Subject:
Political Science, Political Theory, American Politics

The chapter provides a sketch of a democratic theory of imprisonment. It explains the failure of the liberal idea of proportionality to provide adequate limits on the severity of punishment. It ... More


Reversing

F.H. Buckley

in The American Illness: Essays on the Rule of Law

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300175219
eISBN:
9780300195071
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300175219.003.0023
Subject:
Political Science, American Politics

This chapter discusses the faults and changes sought in American private and criminal law. It discusses constitutional infirmities and the reversibility of presidential government. The chapter also ... More


Specializing the Courts

Lawrence Baum

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226039541
eISBN:
9780226039565
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226039565.001.0001
Subject:
Political Science, American Politics

Most Americans think that judges should be, and are, generalists who decide a wide array of cases. Nonetheless, we now have specialized courts in many key policy areas. This book provides a ... More


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