““When a criminal justice system works properly, it’s not because rational actors know that Big Brother is watching them 24/7 and will swoop down and impose a cost that will cancel any ill-gotten gain. No democracy has the resources or the will to turn society into that kind of Skinner box. Only a sample of criminal behavior can ever be detected and punished, and the sampling should be fair enough that citizens perceive the entire regime to be legitimate. A key legitimator is the perception that the system is set up in such a way that a person, and more importantly the person’s adversaries, face a constant chance of being punished if they break the law, so that they all may internalize inhibitions against predation, preemptive attack, and vigilante retribution.””
