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MisdemeanorlandCriminal Courts and Social Control in an Age of Broken Windows Policing$
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Issa Kohler-Hausmann

Print publication date: 2019

Print ISBN-13: 9780691196114

Published to Princeton Scholarship Online: May 2020

DOI: 10.23943/princeton/9780691196114.001.0001

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Procedural Hassle

Procedural Hassle

(p.183) 5 Procedural Hassle

Issa Kohler-Hausmann

Princeton University Press

This chapter is dedicated to procedural hassle—the degradation of arrest and police custody, the stress and frequency of court appearances, and the opportunity costs incurred in order to make court appearances or to comply with court orders. The technique of procedural hassle is distinct from marking. In this case, it is not about tracing a potentially risky defendant in the outside world but rather about delaying, engaging, and compelling the defendant to conform to the institutional and organizational demands of the court and court actors. The chapter shows that these experiences are something more than a set of inconvenient burdens that dissuade defendants from pushing adjudication or even a collection of informal means by which judges and prosecutors punish defendants. They can be also a set of active, productive tools in the ongoing relationship of social control that lower courts have with defendant populations.

Keywords:   procedural hassle, social control, lower courts, arrest, police custody, court appearances, court orders

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