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Folk Knowledge as Legal Action: Death Penalty Judgments and the Tenet of Early Release in a Culture of Mistrust and Punitiveness
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Folk Knowledge as Legal Action: Death Penalty Judgments and the Tenet of Early Release in a Culture of Mistrust and Punitiveness
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Journal Article
Folk Knowledge as Legal Action: Death Penalty Judgments and the Tenet of Early Release in a Culture of Mistrust and Punitiveness
1999
Overview
This article traces interconnections between folk knowledge-the everyday, taken-for-granted understandings and beliefs that shape people's perceptions, actions, and reaction to events and situations-and legal action. It examines the consciousness of crime and punishment as that consciousness comes to bear when citizens are given the responsibility for the life or death decision made by jurors in capital cases. It seeks to identify the sources of both general and specific folk knowledge about the release of convicted capital murderers not sentenced to death and to elucidate the construction and concentration of such knowledge. One state-Georgia-where folk knowledge of early release is distinctively concentrated and different from other states serves as a strategic site for the analysis. Using Capital Jury Project (CJP) data from 3-4-hour interviews with 916 jurors in 11 states, we show that it is jurors' specific release estimates that influence their capital sentencing decisions, and we explore how folk knowledge figures in jury deliberations, despite court admonitions that such considerations are not to play a role.
Publisher
Law and Society Association,Blackwell,Sage Publications for the Law and Society Association,Cambridge University Press
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