Misdemeanor Justice: Control without Conviction

Abstract

Current scholarship has explored how the carceral state governs and regulates populations. This literature has focused on prison and on the wide-reaching collateral consequences of a felony conviction. Despite the obvious importance of these findings, they capture only a portion of the criminal justice system’s operations. In most jurisdictions, misdemeanors, not felonies, constitute the bulk of criminal cases, and the number of such arrests is rising. This article explores a puzzling fact about New York City’s pioneering experiment in mass misdemeanor arrests: the preponderance result in no finding of guilt and no assignment of formal punishment. Drawing on two years of fieldwork, this article explores how the criminal justice system functions to regulate significant populations without conviction or sentencing. The author details the operation of penal power through the techniques of marking through criminal justice record keeping, the procedural hassle of case processing, and mandated performance evaluated by court actors to show the social control capacity of the criminal justice system.