« In wake of Marcellus Williams stay and inquiry, broader reflections on innocence and racial dynamics in capital punishment's administration | Main | New report spotlights concerns with background of 26 Ohio condemned scheduled for execution in coming months and years »

August 30, 2017

"Local Democracy, Community Adjudication, and Criminal Justice"

The title of this post is the title of this new essay authored by Laura Appleman now available via SSRN.  Here is the abstract:

Many of our criminal justice woes can be traced to the loss of the community‚Äôs decisionmaking ability in adjudicating crime and punishment.  American normative theories of democracy and democratic deliberation have always included the participation of the community as part of our system of criminal justice.  This type of democratic localism is essential for the proper functioning of the criminal system because the criminal justice principles embodying substantive constitutional norms can only be defined through community interactions at the local level.  Accordingly, returning the community to its proper role in deciding punishment for wrongdoers would both improve criminal process and return us to fundamental criminal justice ideals.

August 30, 2017 at 10:07 AM | Permalink

Comments

OJ Trial.

Posted by: David Behar | Aug 30, 2017 11:01:22 PM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB