Popular Punishment

On the Normative Significance of Public Opinion

Edited by Jesper Ryberg and Julian V. Roberts

Studies in Penal Theory and Philosophy

This is the first book to address the question of what role public opinion should play in the way criminal offenders are punished.

Popular Punishment

On the Normative Significance of Public Opinion

Edited by Jesper Ryberg and Julian V. Roberts

Studies in Penal Theory and Philosophy

Description

Should public opinion determine—or even influence—sentencing policy and practice? Should the punishment of criminal offenders reflect what the public regards as appropriate? These deceptively simple questions conceal complex theoretical and methodological challenges to the administration of punishment.

In the West, politicians have often answered these questions in the affirmative; penal reforms have been justified with direct reference to the attitudes of the public. This is why the contention that politicians should bridge the gap between the public and criminal justice practice has widespread resonance. Criminal law scholars, for their part, have often been more reluctant to accept public input in penal practice, and some have even held that the idea of consulting public opinion constitutes a populist approach to punishment.

The purpose of this book is to examine the moral significance of public opinion for penal theory and practice. For the first time in a single volume the editors, Jesper Ryberg and Julian V. Roberts, have assembled a number of respected criminologists, philosphers, and legal theorists to address the various aspects of why and how public opinion should be reflected in the way the criminal justice system deals with criminals. The chapters address the myriad complexities surrounding this issue by first weighing the justifications for incorporating public views into punishment practices and then considering the various ways this might be achieved through juries, prosecutors, restoratifve justice programs, and other means.

Popular Punishment

On the Normative Significance of Public Opinion

Edited by Jesper Ryberg and Julian V. Roberts

Studies in Penal Theory and Philosophy

Contributors
Introduction: Exploring the Normative Significance of Public Opinion for State Punishment, Jesper Ryberg and Julian V. Roberts
Chapter 1: Penal Theory, Moral Intuitions, and Public Opinion, Jesper Ryberg
Chapter 2: Proportionality Theory and Popular Opinion, Matt Matravers
Chapter 3: The Proper Role of Community in Determining Criminal Liability and Punishment, Paul H. Robinson
Chapter 4: Proportionality in Sentencing: The Need to Factor in Community Experience, Not Public Opinion, Mirko Bagaric
Chapter 5: Penal Theory and Popular Opinion: The Deficiencies of Direct Engagement, Jan W. de Keijser
Chapter 6: Why Should We Care What the Public Thinks? A Critical Assessment of the Claims of Popular Punishment, Frej K. Thomsen
Chapter 7: Public Opinion and Democratic Control of Sentencing Policy, Christopher Bennett
Chapter 8: Criminal Prosecutors: Experts or Elected Officials?, Richard L. Lippke
Chapter 9: Stakeholder Sentencing, Thom Brooks
Chapter 10: Repellent Institutions and the Absentee Public: Grounding Opinion in Responsibility for Punishment, Albert W. Dzur
Chapter 11: Clarifying the Significance of Public Opinion for Sentencing Policy and Practice, Julian V. Roberts
Notes
Bibliography
Index

Popular Punishment

On the Normative Significance of Public Opinion

Edited by Jesper Ryberg and Julian V. Roberts

Studies in Penal Theory and Philosophy

Author Information

Edited by Jesper Ryberg, Professor of Ethics and Philosophy of Law, Roskilde University, and Julian V. Roberts, Professor of Criminology, University of Oxford

Jesper Ryberg is Professor of Ethics and Philosophy of Law at Roskilde University, Denmark. Julian V. Roberts is Professor of Criminology at the University of Oxford.

Contributors:

Mirko Bagaric is Professor of Law and the Dean of Deakin Law School.
Christopher Bennett is Senior Lecturer in Philosophy at the University of Sheffield.
Thom Books is Reader in Law at Durham University.
Albert W. Dzur is Professor of Political Science and Philosophy at Bowling Green State University.
Jan W. de Keijser is Associate Professor of Criminology at Leiden University.
Matt Matravers is Professor of Political Philosophy at the University of York.
Richard L. Lippke is Senior Scholar in Criminal Justice at Indiana University.
Paul H. Robinson is Colin S. Driver Professor of Law at University of Pennsylvania Law School.
Julian V. Roberts is Professor of Criminology at Oxford University.
Jesper Ryberg is Professor of Ethics and Philosophy of Law at Roskilde University.
Frej K. Thomsen is Postdoctoral Scholar of Philosophy at Roskilde University.

Popular Punishment

On the Normative Significance of Public Opinion

Edited by Jesper Ryberg and Julian V. Roberts

Studies in Penal Theory and Philosophy

Reviews and Awards

"This volume is a great read for academics of all stripes who are interested in criminal justice issues. The diversity of perspectives offered by the authors allows it to serve as a handy reference for those new to the debate, and the quality of the scholarship should not disappoint those who have previously encountered the work of one or more of the authors." - Matthew Kugler, Criminal Law and Criminal Justice Books