Crime and punishment are both accompanied by a great deal of uncertainty.
Offenders often decide on targets without knowing whether
their victims will resist or retaliate. Potential victims make guesses
about how to avoid becoming targets, and must quickly choose how
to respond if they guess wrong. Witnesses need to consider the consequences
for their own safety and social relations if they cooperate
with law enforcement officials. Police officers make judgments about
the likelihood of contraband recovery when deciding on a stop or
search, and about the danger to themselves and others when contemplating
the use of force. Prosecutors and defense attorneys won der
about the inclinations of potential jurors when choosing whom to
strike from the jury pool. Jurors make up their minds about whether
laws were broken without ever hearing complete stories. And judges
and parole boards are often expected to estimate what crimes a defendant
might commit in the future if permitted to be free. All of these
decisions are made deep in the shadows of doubt.