Arrests: What Are They Good For?

Even police critics often assume that arrests are essential to policing. This Article challenges assumption and argues should be curtailed. Arrests harm individuals, families, communities. Given their costs, used only when they serve an important state interest. Yet, happen even no such interest exists. In United States, constitutional law acts as the primary legal constraint on arrests. But it does not ensure has a reason make arrest – opposed starting criminal process in another way. Although carry out millions of start process, maintain order, collect evidence, deter crime, usually unnecessary for these purposes. most cases, reasonable, less intrusive, alternative means exist achieving ends, some serious crimes. Because can achieve its enforcement objectives without so many arrests, departments conduct far fewer than currently do, states restrict statutory authority accordingly. Though there risks reducing those problematic continuing this form widespread coercion.