Summonsing Criminal Desistance: Convicted Felons' Perspectives on Jury Service

Binnall, James M.

doi:10.1111/lsi.12317

Cited by 14 publications

(14 citation statements)

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“…For many, convicted felons' supposed criminal loyalties and presumed collective hatred for the state makes felon-juror exclusion "feel" logical, and perhaps even inevitable. However, recent studies not only show that the presumed bias of convicted felons is dramatically overstated (Binnall, 2014) and that the character of citizens with a felony criminal conviction does not diminish their fitness for jury service (Binnall, 2018a), but that felon-juror inclusion might, in fact, add to deliberation quality and help facilitate successful reintegration/criminal desistance (Binnall, 2019(Binnall, , 2018b(Binnall, , 2018c.…”

Section: Discussionmentioning

confidence: 99%

“…In contrast, the exclusion of convicted felons from jury service has received considerably less scholarly attention (Binnall, 2009), with only a handful of studies examining the topic to date (for a review, see Binnall, 2019). Those few studies demonstrate that, like felon-voter disenfranchisement, felon-juror exclusion racially homogenizes a democratic institution (Wheelock, 2011), rests on tenuous justifications (Binnall, 2014), might negatively influence the reintegration of former offenders (Binnall, 2018a;2018b), and can promote the "othering" of citizens with a felony criminal record (Binnall, 2018c). Given this lack of attention, felon-juror exclusion stands as arguably "the last acceptable form of civic banishment" (Binnall, 2010, pp.…”

Section: Introductionmentioning

confidence: 99%

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Public perceptions of felon-juror exclusion: An exploratory study

Binnall

Petersen

2020

Criminology & Criminal Justice

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Despite the pervasiveness of felon-juror exclusion, this is the first study to systematically explore public opinions about the exclusion of convicted felons from voting and jury service. While results from 815 Californians revealed greater support for felon-voters than for felon-jurors, a majority opposed felon-juror exclusion and rejected the rationales for doing so. Findings also revealed stark ideological divides, as conservatives were less likely to support felon-voters or felon-jurors, and were more likely to endorse the justifications for felon-juror exclusion. As states debate legislation permitting felon-juror inclusion, our findings indicate that support for such policies is likely greater than courts and policymakers had previously thought, suggesting that officials might benefit from re-considering whether this form of civic marginalization actually represents the will of the people.

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Section: Discussionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Public perceptions of felon-juror exclusion: An exploratory study

Binnall

Petersen

2020

Criminology & Criminal Justice

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“…Stigmas are attributes that cause someone to be discarded and no longer accepted by others—a judgment on an individual’s character (Goffman, 1963). Stigma can lead to a negative sense of self, which influences interactions with others (Binnall, 2018; Copenhaver, Edwards-Willy, & Byers, 2007). One study finds that answering a question around a conviction history on a college application decreases the likelihood of completion for persons with conviction histories (Custer, 2019).…”

Section: Literature Reviewmentioning

confidence: 99%

“…In his research on disenfranchisement, Binnall (2018) found that people with conviction histories become self-conscious of the “felon” label, leading them to worry about how others will view and interact with them. The mental awareness of being considered and labeled a “felon” can negatively influence people with conviction histories that could thus decrease their sense of community and connection on college campuses (Ott & McTier, 2019), thereby reducing the likelihood of college persistence.…”

Section: Literature Reviewmentioning

confidence: 99%

Hustle in Higher Education: How Latinx Students with Conviction Histories Move from Surviving to Thriving in Higher Education

Hernandez

Murillo

Britton

2022

American Behavioral Scientist

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The voices and experiences of formerly incarcerated college students are emerging throughout the social science literature. The importance of documenting their narratives is grounded in the reality that more than an estimated 12,000 system-impacted people are enrolled throughout the California postsecondary education system. This paper highlights the knowledge and skills formerly incarcerated students possess and deploy to navigate higher education successfully. Our study adds to the growing body of literature examining the experiences of formerly incarcerated Latinx students from an anti-deficit perspective. We use the theory of funds of knowledge and semi-structured interviews with 16 formerly incarcerated Latinx students at different points of the postsecondary education pipeline to understand their experiences. We find that formerly incarcerated Latinx students tapped into their “hustle” to move from surviving to thriving in higher education. These pre-college skills, acquired through their life experiences, allow students to seek academic and financial resources, create academic networks, and make personal connections with institutional agents to overcome various personal and institutional barriers.

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“…Yet every state except for Maine and Colorado limits jury participation for those convicted of felonies in some way, and twenty-eight states impose complete bans. 331 Thirteen states disqualify at least some potential jurors based on misdemeanor convictions. 332 The sole empirical study examining the pretrial biases of this group, however, reveals that levels of pro-defense and anti-…”

Section: Michigan Law Reviewmentioning

confidence: 99%

For Cause: Rethinking Racial Exclusion and the American Jury

Frampton¹

2020

MLR

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Peremptory strikes, and criticism of the permissive constitutional framework regulating them, have dominated the scholarship on race and the jury for the past several decades. But we have overlooked another important way in which the American jury reflects and reproduces racial hierarchies: massive racial disparities also pervade the use of challenges for cause. This Article examines challenges for cause and race in nearly 400 trials and, based on original archival research, presents a revisionist account of the Supreme Court’s three most recent Batson cases. It establishes that challenges for cause, no less than peremptory strikes, are an important—and unrecognized—vehicle of racial exclusion in criminal adjudication. Challenges for cause are racially skewed, in part, because the Supreme Court has insulated the challenge-for-cause process from meaningful review. Scholars frequently write that jury selection was “constitutionalized” in the 1970s and 1980s, but this doctrinal account is incomplete. In the interstices of the Court’s fair-cross-section, equal protection, and due process jurisprudence, there is a “missing” law of challenges for cause. By overlooking challenges for cause, scholars have failed to notice the important ways in which jury selection remains free from constitutional regulation. Challenges for cause as they exist today—effectively standardless, insulated from meaningful review, and racially skewed—do more harm than good. They hinder, more than help, the jury in its central roles: (1) protecting the individual against governmental overreach; (2) allowing the community a democratic voice in articulating public values; (3) finding facts; (4) bolstering the perceived legitimacy and fairness of criminal verdicts; and (5) educating jurors as citizens. We need to rethink who is qualified to serve as a juror and how we select them.

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Summonsing Criminal Desistance: Convicted Felons' Perspectives on Jury Service

Cited by 14 publications

References 58 publications

Public perceptions of felon-juror exclusion: An exploratory study

Public perceptions of felon-juror exclusion: An exploratory study

Hustle in Higher Education: How Latinx Students with Conviction Histories Move from Surviving to Thriving in Higher Education

For Cause: Rethinking Racial Exclusion and the American Jury

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