"[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

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

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.

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.

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.

The authors provide a comprehensive treatment of the politics and impact of 'get tough' criminal sentencing legislation in the United States. The book includes a study of the celebrated California 'three strikes' law.

At publication date, a free ebook version of this title will be available through Luminos, University of California Press’s Open Access publishing program. Visit www.luminosoa.org to learn more. Built in the 1890s at the center of the nation, Leavenworth Federal Penitentiary was designed specifically to be a replica of the US Capitol Building. But why? The Prison of Democracy explains the political significance of a prison built to mimic one of America’s monuments to democracy. Locating Leavenworth in memory, history, and law, the prison geographically sits at the borders of Indian Territory (1825–1854) and Bleeding Kansas (1854–1864), both sites of contestation over slavery and freedom. Author Sara M. Benson argues that Leavenworth reshaped the design of punishment in America by gradually normalizing state-inflicted violence against citizens. Leavenworth’s peculiar architecture illustrates the real roots of mass incarceration—as an explicitly race- and nation-building system that has been ingrained in the very fabric of US history rather than as part of a recent post-war racial history. The book sheds light on the truth of the painful relationship between the carceral state and democracy in the US—a relationship that thrives to this day.