Jump to ContentJump to Main Navigation
Punishment and DemocracyThree Strikes and You're Out in California$
Users without a subscription are not able to see the full content.

Franklin E. Zimring, Gordon Hawkins, and Sam Kamin

Print publication date: 2003

Print ISBN-13: 9780195171174

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780195171174.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 25 October 2020

Democracy and the Governance of Criminal Punishment

Democracy and the Governance of Criminal Punishment

(p.181) Ten Democracy and the Governance of Criminal Punishment
Punishment and Democracy

E.Zimring Franklin

Gordon Hawkins

Sam Kamin

Oxford University Press

This chapter addresses the question of what should be the appropriate means for setting penalties in a political democracy. It first defines terms and describes the allocation of power in the punishment-setting process according to the proximity or distance of each element in the decision from democratic oversight. It then addresses three questions about nonpolitical definitions of excessive punishment. The third section of the chapter looks at the range of possible objections to the method of setting penalties in the Three Strikes initiative, and the different remedies that might be used to address each one. Finally, it considers some proposed methods for insulating punishment decisions from any problems of process and substantive bias.

Keywords:   political democracy, criminal punishment, substantive bias, Three Strikes, excessive punishment

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .