Tom R. Tyler
This chapter reviews the effectiveness of deterrence, in and of itself as well as relative to the influence of consensual models of regulation that rely upon legitimacy to motivate compliance. The law governing corporate criminal enforcement, and the law and economics scholarship designed to inform it, treats deterrence as the primary goal and coercion through threatened sanctions as the most effective tool to achieve this goal. Yet the available evidence on the causes of misconduct suggests that although people do respond to threatened sanctions, the influence of coercion is often overstated relative to its actual influence upon law-related behavior. In addition consensual approaches have been found to be more effective than is commonly supposed. Taken together these findings suggest the desirability of developing a broader approach to corporate regulation using both coercive and consensual models of regulation. Given the strength of the findings for consensual models, the persistence of coercive models as the dominant and even exclusive approach to corporate crime is striking. That dominance suggests the importance of focusing on the psychological attractions of coercion to people in positions of authority. It is suggested that those in authority are attracted to this approach not only because of evidence that it can be effective but also due to the psychological benefits it affords them.
Jeffrey Fagan, Tom R. Tyler and Tracey L. Meares
Modern policing in the US has embraced the notion of proactivity, featuring frequent police interdictions of citizens animated by broad indicia of imminent crime. Street stops of pedestrians, often employing ‘stop and frisk’tactics, are central to this strategy. This paper assess the emotional aftermath of widespread use of these tactics, focusing on how exposure to street stops shapes the attitudes of citizens toward law and legal actors. Our central concern is the effects of widespread and often aggressive stops on the emotional well-being of those stopped, as well as public trust and confidence in the police in the communities where stop and frisk rates are highest. We begin with a review of the range of potentially adverse reactions or harms that SQF or ‘street’policing may produce. We next link those harms to a broader set of normative concerns that connect dignity, harm and legitimacy. In the third section, we review the evidence that connects citizen views of police –as well as their experience with police – to their perceptions of the legitimacy of the police and criminal legal institutions generally. In that same section, we review the evidence that links those perceptions to how citizens behave with respect to law, and identify the consequences of adverse reactions of citizens to harsh forms of street policing. In the fourth section, we discuss alternative frameworks for thinking about the regulation and control of the new policing, a discussion that has longstanding roots in a broader dialogue about the management of police discretion. We conclude with a discussion of the implications of these tactics for development of accurate intelligence about crime patterns and offenders. The low rates of arrest or seizure of weapons or contraband in stop and frisk encounters suggest that proactive policing may divert police attention from the realities of crime and offenders, while eroding the incentives of citizens to assist police in developing useful knowledge to prevent crime and bring offenders to justice.