Chapter 1 Law Enforcement in a Democratic Society

Law Enforcement in the 21 st Century, 3e Heath B. Grant and Karen J. Terry © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 2 Introduction 9/11 and Government Reorganization USA Patriot Act (original and reauthorization) Linkage Blindness The Criminal Justice System

Law Enforcement in the 21 st Century, 3e Heath B. Grant and Karen J. Terry © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 3 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 21 st Century, 3e Heath B. Grant and Karen J. Terry © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 4 The Police Function Social 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 21 st Century, 3e Heath B. Grant and Karen J. Terry © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 5 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 21 st Century, 3e Heath B. Grant and Karen J. Terry © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 6 The Delicate Balance Crime Control vs. Due Process Balance between public safety (crime control) & individual freedom (due process)

Law Enforcement in the 21 st Century, 3e Heath B. Grant and Karen J. Terry © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 7 Levels of Law Enforcement Federal, State and Local Municipal Agencies County Agencies State Agencies Federal Agencies Tribal Agencies Transit Police

Law Enforcement in the 21 st Century, 3e Heath B. Grant and Karen J. Terry © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 8 Levels of Law Enforcement Municipal 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 21 st Century, 3e Heath B. Grant and Karen J. Terry © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 9 Levels of Law Enforcement State and County Agencies State Highway patrol County Sheriff Justice courts

Law Enforcement in the 21 st Century, 3e Heath B. Grant and Karen J. Terry © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 10 Levels of Law Enforcement Federal Agencies Department of Justice U.S. Marshal Service FBI DEA ATF

Law Enforcement in the 21 st Century, 3e Heath B. Grant and Karen J. Terry © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 11 Levels of Law Enforcement Federal Agencies Department of Homeland Security ICE CBP TSA U.S. Secret Service FLETC Also: JRIES SLGC CEDAP

Law Enforcement in the 21 st Century, 3e Heath B. Grant and Karen J. Terry © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 12 Levels of Law Enforcement Federal Agencies Department of the Treasury IRS U.S. Postal Service

Law Enforcement in the 21 st Century, 3e Heath B. Grant and Karen J. Terry © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 13 Department of Homeland Security Organizational Chart

Law Enforcement in the 21 st Century, 3e Heath B. Grant and Karen J. Terry © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 14 Levels of Law Enforcement Tribal Agencies Bureau of Indian Affairs Self-governed Considered Sovereign Nations

Law Enforcement in the 21 st Century, 3e Heath B. Grant and Karen J. Terry © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 15 Levels of Law Enforcement Transit Police Mass Transit Airports Bridges Tunnels

Law Enforcement in the 21 st Century, 3e Heath B. Grant and Karen J. Terry © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 16 The Criminal Justice System Police Investigation Arrest Booking Initial Charges

Law Enforcement in the 21 st Century, 3e Heath B. Grant and Karen J. Terry © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 17 The Criminal Justice System Courts Initial appearance Pretrial release decision Grand jury/preliminary hearing Arraignment Pretrial motions Trial Sentencing Appeals

Law Enforcement in the 21 st Century, 3e Heath B. Grant and Karen J. Terry © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 18 The Criminal Justice System Corrections Community Corrections Probation Incarceration Jail Prison Release (Parole) Capital punishment

Law Enforcement in the 21 st Century, 3e Heath B. Grant and Karen J. Terry © 2012 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 19 Reflections On 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?