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How the Criminal Justice System Educates Citizens

There are at least two central pathways through which the modern democratic state interacts with citizens: public school systems and criminal justice systems. Rarely are criminal justice systems thought to serve the educational function that public school systems are specifically designed to provide. Yet for an increasing number of Americans, the criminal justice system plays a powerful and pervasive role in providing a civic education, in anticitizenry, that is the reverse of the education that public schools are supposed to offer. We deploy curriculum theory to analyze three primary processes of the criminal justice system—jury service, incarceration, and policing—and demonstrate the operation of two parallel curricula within them: a symbolic, overt curriculum rooted in positive civic conceptions of fairness and democracy; and a hidden curriculum, rooted in empty or negative conceptions of certain citizens and their relationship to the state.