"Instead, she posits, the penal power exerts social control through what she describes as marking (identifying a defendant as a real or potential lawbreaker), procedural hassle (the ordeal of processing a case) and performance (an evaluation of the defendant’s subsequent behavior). How? By identifying recidivists on the basis of previous arrests alone, rather than convictions, and then subjecting them to more stringent oversight."
New York Times
July 26, 2018