Chapter 14: Punitive Publics: Direct Democracy and the Criminal Legal System in the United States

Purpose – This study examines how direct democracy shapes punitive criminal legal system policies in the United States, filling a gap in the literature by analyzing the influence of citizen-driven initiatives, particularly referendums and ballot measures, on the adoption of punitive policies that prioritize retribution over rehabilitation.

Methodology/approach – Using a comprehensive data set of direct democracy measures related to criminal justice from 1900 to 2019 across all US states, this research conducts a descriptive quantitative analysis to identify patterns in the proposal and approval of these measures. It identifies and describes the frequency, geographic distribution, and types of punitive measures proposed and approved through these democratic processes.

Findings – The study provides a detailed account of the variations in the use of direct democracy to influence punitive criminal justice policies across different states and time periods. The analysis highlights significant state-level differences and temporal trends in the adoption and approval of such measures, offering a foundational understanding of how direct democracy has intersected with criminal justice policy-making.

Originality/value – This research adds to the literature by offering a descriptive overview of the role of direct democracy in criminal justice policy. By mapping the landscape of punitive measures driven by citizen-led initiatives and offering original data, it lays the groundwork for future studies that might explore the underlying causes and effects of these trends.