* Professor of Law and Criminology, University of Toronto. I thank John Braithwaite, Christine Boyle, Tony Doob, Richard Ericson, Michael Mandel, Clifford Shearing, Don. Stuart and anonymous peer reviewers for helpful comments on an earlier draft of this paper. I am also grateful to participants in seminars at Green College at the University of British Columbia, the University of Victoria's Faculty of Law and the summer program of the University of Saskatchewan's Native Law Center where I gave preliminary versions of this paper. I also gratefully acknowledge the financial support of the Foundation for Legal Research and the Cecil Wright Legal Foundation. 1 Herbert L. Packer, The Lams of the Criminal Sanction Part П (1968)[hereinafter Packer, The Limits of the Criminal Sanction]; Herbert Packer, Two Models of the Criminal Process, 113 U. Pa L. Rev. 1 (1964)[hereinafter Packer, Two