"You Can Beat the Rap, But You Can't Beat the Ride:" Bringing Arrests Back into Research on Repression

Using socio-legal research on arrests and the criminal justice system, this paper contests the implicit argument in recent research on repression that arrests are "softer" than police violence. Specifically, the paper explores the physical conditions of arrest and detention, and the extent to which arrests initiate costly interactions with the legal system that punish defendants before they are even tried (or even if charges are later dropped). Using data on arrests and police practices from mine strikes in Arizona from the early 1980s and data on arrests and police practices during urban riots in the 1960s, the paper: (1) discusses the physical realities of arrest and detention; (2) outlines the array of costs that arrests impose on protesters; (3) discusses the implications of biased policing on that set of costs; and (4) examines the costs associated with mass arrests. The paper concludes this empirical analysis by questioning the commensurability of arrests with other forms of police action, including violence, against protesters.