Legal Process as Racialized Punishment: The Material Consequences of Discretionary Arrests in New York City

Order maintenance policing-a systematic focus on the aggressive enforcement of low-level offenses, influenced by the "broken windows" perspective-often exposes structurally disadvantaged communities to disparate police contact, ranging from surveillance and stops to low-level arrest and various forms of misconduct. In keeping with recent criminological research that considers the collateral consequences of low-level arrests, our descriptive and exploratory study examines qualitative and quantitative arrest data for discretionary non-criminal and misdemeanor offenses in New York City. Mixed-method surveys conducted outside criminal courthouses, together with in-depth interviews and focus groups, highlight the immediate, subsequent, and cumulative costs stemming from discretionary arrests, including the routine loss of time and money, myriad forms of abuse, and loss of educational, employment and housing opportunities-systemic, collateral violence that, given the social groups disproportionately targeted, constitutes racialized punishment. The findings also present research participants' suggestions for and situated visions of police reform and accountability, offering expertise shaped by lived experiences of discretionary policing.