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Crime control and harassment of the innocent

1997, Journal of Criminal Justice

Abstract

Crime control thro11gh lmr enforcement is generally considered to be a two-part process of appre hending and incapacitating or rehabilitating the gLtilt y , and deterring the innocent f r om crime by the ihreat of punishment. The analysis presented here slwws that the protection of the innocent from harass ment-detention, arresr. p11nishment, and other inrrusions by the criminal justice system-is important in deterring crime. Spec(fically, the analysis shoH·s that deterrence from crime is weakened and then lost /or a rational indii·idual ,,·ho holds the majorit y arritude roward risk, if the levels of rightful punishment and -..,, 1-rongfLtl harassmem are increased, as in a war 011 crime, and the likelihoods of wrongful and right ful pLtnishment are reasonably close. The analysis is employed ro show how the perceived likelihood of harassment may be a comributing factor to the disproponionarely high representation of minoriry groups in the U.S. prison s y stem. © 1997 Elsevier Science Ltd 3 -· r _)