This book sets forth a new approach to twenty-first-century criminal justice and punishment, one that fully involves the community, providing a better way to make our criminal process more transparent and inclusive. Using the prism of the Sixth Amendment community jury trial, this book offers fresh and much-needed ways to incorporate the citizenry into the procedures of criminal justice, thereby resulting in greater investment and satisfaction in the system. It exposes the various challenges the American criminal justice system faces because of its ongoing failure to integrate the community's voice. Ultimately, the people's right to participate in the criminal justice system through the criminal jury - a right that is all too often overlooked - is essential to truly legitimizing the criminal process and ensuring its democratic nature.
Laura I Appleman is a Professor of Law at the Willamette University College of Law. She received the Meisner Award for Faculty Scholarship in 2011 and speaks frequently to local and national news media on topics of crime, incarceration, and sentencing. For five years, Appleman was a criminal appellate public defender at the Center for Appellate Litigation, where she briefed and argued approximately fifty appeals in front of the New York appellate courts, including the New York Court of Appeals. Appleman currently blogs at the Faculty Lounge (www.thefacultylounge.org).
1. Introduction; Part I. History in the Crucible: Rediscovering the Original Community Right in Criminal Justice: 2. The collective jury right and the Sixth Amendment; 3. The Supreme Court and the reaffirmation of community; Part II. Old Becomes New: Sixth Amendment Jury Rights and Twenty-First-Century Criminal Procedure: 4. Retribution, restorative justice, and the Sixth Amendment jury right; 5. Defining community in the twenty-first century: cities, counties, and collective action; Part III. Theory into Practice: Origins and Community in Modern Criminal Procedure: 6. Bail, jail, and the community voice; 7. Infusing community through criminal procedure: the plea jury; 8. Eradicating the bench trial; 9. Restoring the offender to society; 10. Back-end sentencing: the Sixth Amendment and post-prison procedures; 11. Jury nullification and victim rights: going past procedure; 12. Conclusion.