This article develops a reconceptualization of “invisible crimes” and their relation to punitive politics. Analysis and comparison of three cases of criminalization in the United States suggests that when legislation criminalizes easily concealed, pervasive, and morally ambiguous (nondirectly victimizing) behaviors, the negative consequences disproportionately impact poor, vulnerable, and marginalized groups, while benefitting comparatively powerful groups. Normative recommendations relating to the “rule of law” are discussed.
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John‐Paul Anderson (2024) studied this question.
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