Why Greater Public Participation in Criminal Justice?

This paper addresses the debate over public participation in criminal justice. On one side of this debate are those who argue that criminal justice policy should be removed from direct political – and hence public – control, and delegated to an insulated panel of experts. On the other are those who argue that the public has to have a decisive role in criminal justice policy, even if we should agree that electoral politics is not a meaningful or constructive form of public participation. One important point at issue between the two sides is whether insulating key policy decisions in criminal justice would be undemocratic, and whether it matters if it is. Answering this question will require us to say something about the nature and value of democracy, and about the kinds of decision-making institutions that democracy requires. To this end, this paper to provide a number of reasons we might have for approving of public participation. Once these reasons are articulated, we can use them to inform the question of how we might reform and rebuild criminal justice institutions to give the public a more productive role.