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TO SERVE AND PROTECT: PRIVATIZATION AND COMMUNITY IN CRIMINAL JUSTICE. BY BRUCE L. B BENSON. INDEPENDENT INSTITUTE AND NEW YORK UNIVERSITY PRESS. 1998. T o Serve and Protect is a breath of fresh air

But in Serve and Protect, Bruce Miller is able to show that both liberals and conservatives are likely to be wrong on both points. Moreover, when it comes to the role of punishment and policing, liberals too often focus not on the needs of crime victims (Pike 1993, 1993b) but on the needs and wants of offenders (Draper 1977). Miller has also shown that, although many liberals advocate the “zero-tolerance” model (e.g., Haney and Levine 1996), they generally do not apply this theory or similar alternatives to real-world criminal policy (e.g., police, prison, or probation); instead, they rely instead on a set of normative premises that they have been indoctrinated to reject. Miller's case for the liberal-conservative “contradiction” lies not in the relative strengths of either system, but in the fact that there are more problems that liberals focus on. The liberal-conservative paradox is that the two sides both get it wrong; the conservative's errors are often greater in significance than the liberal's. There is, however, one area where both sides appear to be entirely correct: the relationship between crime and policing and law enforcement. Here, both sides are correct. As a general proposition, the best way to reduce violence and the number of criminals is to make them less likely to commit another act of violence (Hirshleifer 1966, 1969). By the same token, it is the best way to ensure the safety of the public that police be able to go after the bad guys and arrest the criminals. The conventional wisdom is that to stop violence in the most efficient way, it is better to let the criminals roam free to commit crimes of their own accord; if law enforcement agencies can prevent them without having to use lethal force, the police get to make their cases to community opinion (Stark 1987, 1999). These are very intuitive ideas with the advantages and disadvantages that both sides usually acknowledge. In Serve and Protect, however, Miller shows that while the conventional wisdom about crime and policing is a good generalization, it is actually quite wrong about the two areas where police should and should not use deadly force. The conventional wisdom is generally correct about police going after criminals who have guns. That is, even though criminals are usually armed themselves (Klein 1971), criminals usually do not shoot first.

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