Chapter 1

Law Enforcement

in a Democratic

Society

Law Enforcement in the 21st Century, 3eHeath B. Grant and Karen J. Terry

© 2012 Pearson Education, Upper Saddle River, NJ 07458.

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Introduction

9/11 and Government Reorganization

USA Patriot Act (original and

reauthorization)

Linkage Blindness

The Criminal Justice System

Law Enforcement in the 21st Century, 3eHeath B. Grant and Karen J. Terry

© 2012 Pearson Education, Upper Saddle River, NJ 07458.

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Themes of the Book Linkages Across Jurisdictions and

Coordination Information Sharing

Strategy Development

The Police Function and its Role in the

Criminal Justice System

Historical Changes in Nature of

Policing

Law Enforcement in the 21st Century, 3eHeath B. Grant and Karen J. Terry

© 2012 Pearson Education, Upper Saddle River, NJ 07458.

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The Police FunctionSocial Control and the Use of Force

Major Components of Justice Process Police Courts Corrections

Informal Social Control Parents and Families Peers and Community

Formal Social Control Law Enforcement Officers

Law Enforcement in the 21st Century, 3eHeath B. Grant and Karen J. Terry

© 2012 Pearson Education, Upper Saddle River, NJ 07458.

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Policing Within the Rule of Law The Challenges of Discretion

Freedom to make decisions

Decisions on arrests and

charges

Decisions not open to scrutiny

Extra-legal factors

Rule of Law

Law Enforcement in the 21st Century, 3eHeath B. Grant and Karen J. Terry

© 2012 Pearson Education, Upper Saddle River, NJ 07458.

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The Delicate BalanceCrime Control vs. Due Process

Balance between public safety (crime

control) & individual freedom (due process)

Crime Control Model Due Process Model

o Suppression of crime is the overriding aim of the criminal justice system

o Justice and fairness are the overriding aims of the criminal justice system

o Cases need to be disposed of quickly and efficiently, even if this means ignoring the rights of suspects

o Cases need to be dealt with according to formal procedures which protect the rights of suspects

o Emphasis on pre-trial processes and guilty pleas

o Emphasis on the trial process and the determination of legal guilt

o Authority of the criminal justice system derives from the legislature

o Authority of the criminal justice system derives from the judiciary

Law Enforcement in the 21st Century, 3eHeath B. Grant and Karen J. Terry

© 2012 Pearson Education, Upper Saddle River, NJ 07458.

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Levels of Law EnforcementFederal, State and Local

Municipal Agencies

County Agencies

State Agencies

Federal Agencies

Tribal Agencies

Transit Police

Law Enforcement in the 21st Century, 3eHeath B. Grant and Karen J. Terry

© 2012 Pearson Education, Upper Saddle River, NJ 07458.

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Levels of Law EnforcementMunicipal Agencies

Represents greatest number of law enforcement officers

Responsible for investigating most violent and property offenses in their jurisdictions

Urban and rural departments Townships

Law Enforcement in the 21st Century, 3eHeath B. Grant and Karen J. Terry

© 2012 Pearson Education, Upper Saddle River, NJ 07458.

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Levels of Law EnforcementState and County Agencies

State Highway patrol

County Sheriff Justice courts

Law Enforcement in the 21st Century, 3eHeath B. Grant and Karen J. Terry

© 2012 Pearson Education, Upper Saddle River, NJ 07458.

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Levels of Law EnforcementFederal Agencies

Department of Justice

U.S. Marshal Service

FBI

DEA

ATF

Law Enforcement in the 21st Century, 3eHeath B. Grant and Karen J. Terry

© 2012 Pearson Education, Upper Saddle River, NJ 07458.

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Levels of Law EnforcementFederal Agencies

Department of Homeland Security ICE CBP TSA U.S. Secret Service FLETC Also:

JRIES SLGC CEDAP

Law Enforcement in the 21st Century, 3eHeath B. Grant and Karen J. Terry

© 2012 Pearson Education, Upper Saddle River, NJ 07458.

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Levels of Law EnforcementFederal Agencies

Department of the

Treasury IRS

U.S. Postal Service

Law Enforcement in the 21st Century, 3eHeath B. Grant and Karen J. Terry

© 2012 Pearson Education, Upper Saddle River, NJ 07458.

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Department of Homeland Security Organizational Chart

Law Enforcement in the 21st Century, 3eHeath B. Grant and Karen J. Terry

© 2012 Pearson Education, Upper Saddle River, NJ 07458.

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Levels of Law EnforcementTribal Agencies

Bureau of Indian Affairs

Self-governed

Considered Sovereign

Nations

Law Enforcement in the 21st Century, 3eHeath B. Grant and Karen J. Terry

© 2012 Pearson Education, Upper Saddle River, NJ 07458.

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Levels of Law EnforcementTransit Police

Mass Transit

Airports

Bridges

Tunnels

Law Enforcement in the 21st Century, 3eHeath B. Grant and Karen J. Terry

© 2012 Pearson Education, Upper Saddle River, NJ 07458.

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The Criminal Justice System Police Investigation

Arrest

Booking

Initial Charges

Law Enforcement in the 21st Century, 3eHeath B. Grant and Karen J. Terry

© 2012 Pearson Education, Upper Saddle River, NJ 07458.

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The Criminal Justice System Courts Initial appearance Pretrial release decision Grand jury/preliminary hearing Arraignment Pretrial motions Trial Sentencing Appeals

Law Enforcement in the 21st Century, 3eHeath B. Grant and Karen J. Terry

© 2012 Pearson Education, Upper Saddle River, NJ 07458.

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The Criminal Justice System Corrections

Community Corrections Probation

Incarceration Jail Prison Release (Parole)

Capital punishment

Law Enforcement in the 21st Century, 3eHeath B. Grant and Karen J. Terry

© 2012 Pearson Education, Upper Saddle River, NJ 07458.

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ReflectionsOn Chapter One

1. What are the benefits of the government’s reorganization of departmental agencies within the Department of Justice, the Department of Homeland Security, and the Department of the Treasury? Are there any drawbacks?

2. Should the police be bound by due process constraints when investigating terrorism?

3. What role does the police ability to use force play in their interactions with the community?

4. Do the police curtail their discretion according to the ideal of the rule of law? Explain.

5. How might information sharing be enhanced within and across law enforcement jurisdictions? With the rest of the criminal justice system?