1
,2
, CHAPTER 1
Law Enforcement in a Democratic Society
OVERVIEW
Chapter 1 introduces the concept of linkage blindness. Linkage blindness is a central theme
which will be revisited throughout the text. This term refers to the lack of communication
between different agencies or even within agencies. The terrorist attacks on September 11
were largely a result of linkage blindness since various law enforcement agencies or divisions
of agencies had information on the known terrorist cells, but they did not share the
information with the correct recipients. Federal legislation known as the United States of
America Patriot Act of 2001 was enacted following 9/11, and subsequently reinforced with
the USA Patriot Improvement and Reauthorization Act in 2005. The Patriot Act widened the
investigative authority of law enforcement agencies across the country.
The primary duty of the police is to maintain social control within the community. What
distinguishes the police from other individuals is their ability to use coercive force if
necessary to control a situation.
Discretion, the freedom for an individual to make a decision based on his or her personal
judgment, is a necessary aspect of policing. Though police officers must respond to situations
within the parameter of the law, they should have the freedom to make a decision based on the
circumstances of a particular case. Also, an officer would find it impossible to respond to
every violation of the law; therefore, discretion is a necessary component of law enforcement.
The rule of law refers to the ideal that equality and justice are inseparable, and that laws are
applied equally to everyone. The rule of law is a standard that is used to guide decision
making throughout the criminal justice system.
All of the agencies within the criminal justice system are interlocked and must work together
to ensure justice. The three components of the criminal justice system are the police, courts,
and corrections. The police are the first agents within the criminal justice process; and once a
crime occurs, they are in charge of taking a report, investigating the crime, arresting a suspect,
and booking the suspect. The methods by which they investigate crimes will have an impact
on whether and how the case proceeds through the criminal justice system and often whether
a conviction ensues in the case.
The crime control model emphasizes support for law enforcement over individual rights.
Advocates of this approach emphasize extensive police powers, limited rights for suspects,
and a quick and speedy process. The due process model emphasizes individual rights with
restrictions on police power. It focuses on civil liberties and quality of arrests over quantity.
Six levels of law enforcement are present in this country: federal, state, county, municipal,
township, and tribal. The largest level is municipal, with over 40,000 municipal jurisdictions.
As a result of the September 11 terrorist attacks on the United States, several government
agencies have been restructured. The biggest change is the creation of the Department of
3
, Homeland Security. This agency coordinates intelligence and law enforcement resources in
the war on terrorism.
LEARNING OBJECTIVES
At the conclusion of the instruction for Chapter 1, the student will be able to:
• Describe the concept of linkage blindness and its importance in the criminal justice
system.
• Understand the police role in maintaining social control.
• Explain why discretion is a necessary aspect of policing.
• Explain what is meant by the rule of law.
• Understand the role of law enforcement in the criminal justice system.
• Contrast the crime control and due process models.
• List the different levels of law enforcement.
• Explain how the events of September 11 changed the structure of law enforcement
jurisdictions.
LECTURE OUTLINE
1. The Police Function: Social Control and the Use of Force
a. Teaching Tip: As most students have had some experience with police in their
own neighborhoods, you should ask them how they might change the way in
which law enforcement officers control society.
2. Policing within the Rule of Law: The Challenges of Discretion
3. The Delicate Balance: Crime Control versus Due Process
a. Teaching Tip: There are a number of pertinent questions that you can bring up
here that reflect concerns your students will be able to relate to in their own
experience but that also illustrate the difficulty of striking the balance between
controlling and punishing crime and granting civil liberties and due process.
You might ask students whether they believe the crime rate a direct result of
the policy of due process, how they might feel about law enforcement
agencies’ searching their homes and belongings, and how airport security
measures impact them. Your students may also have heard of the Patriot Act
and have feelings regarding it. This is also a good place to explore your
students sense of punitiveness versus clemency, asking, for instance, whether
plea bargains should be allow in the case of violent crimes, whether convicts
should be able to serve their sentences at home rather than in correctional
facilities, and how they might punish offenders for violent crimes such as
murder, rape, robbery, burglary and robbery.
4. The Levels of Law Enforcement
a. Municipal Agencies
i. Teaching Tip: Here, it is often helpful to have looked up and be able to
present some pictures and information of the local agencies in your
institutions jurisdiction. You should be able to identify municipal,
county, and relevant state and transit agencies, as well as any federal
agency field offices in your jurisdiction and any recognized tribes.
b. County Agencies
4
,2
, CHAPTER 1
Law Enforcement in a Democratic Society
OVERVIEW
Chapter 1 introduces the concept of linkage blindness. Linkage blindness is a central theme
which will be revisited throughout the text. This term refers to the lack of communication
between different agencies or even within agencies. The terrorist attacks on September 11
were largely a result of linkage blindness since various law enforcement agencies or divisions
of agencies had information on the known terrorist cells, but they did not share the
information with the correct recipients. Federal legislation known as the United States of
America Patriot Act of 2001 was enacted following 9/11, and subsequently reinforced with
the USA Patriot Improvement and Reauthorization Act in 2005. The Patriot Act widened the
investigative authority of law enforcement agencies across the country.
The primary duty of the police is to maintain social control within the community. What
distinguishes the police from other individuals is their ability to use coercive force if
necessary to control a situation.
Discretion, the freedom for an individual to make a decision based on his or her personal
judgment, is a necessary aspect of policing. Though police officers must respond to situations
within the parameter of the law, they should have the freedom to make a decision based on the
circumstances of a particular case. Also, an officer would find it impossible to respond to
every violation of the law; therefore, discretion is a necessary component of law enforcement.
The rule of law refers to the ideal that equality and justice are inseparable, and that laws are
applied equally to everyone. The rule of law is a standard that is used to guide decision
making throughout the criminal justice system.
All of the agencies within the criminal justice system are interlocked and must work together
to ensure justice. The three components of the criminal justice system are the police, courts,
and corrections. The police are the first agents within the criminal justice process; and once a
crime occurs, they are in charge of taking a report, investigating the crime, arresting a suspect,
and booking the suspect. The methods by which they investigate crimes will have an impact
on whether and how the case proceeds through the criminal justice system and often whether
a conviction ensues in the case.
The crime control model emphasizes support for law enforcement over individual rights.
Advocates of this approach emphasize extensive police powers, limited rights for suspects,
and a quick and speedy process. The due process model emphasizes individual rights with
restrictions on police power. It focuses on civil liberties and quality of arrests over quantity.
Six levels of law enforcement are present in this country: federal, state, county, municipal,
township, and tribal. The largest level is municipal, with over 40,000 municipal jurisdictions.
As a result of the September 11 terrorist attacks on the United States, several government
agencies have been restructured. The biggest change is the creation of the Department of
3
, Homeland Security. This agency coordinates intelligence and law enforcement resources in
the war on terrorism.
LEARNING OBJECTIVES
At the conclusion of the instruction for Chapter 1, the student will be able to:
• Describe the concept of linkage blindness and its importance in the criminal justice
system.
• Understand the police role in maintaining social control.
• Explain why discretion is a necessary aspect of policing.
• Explain what is meant by the rule of law.
• Understand the role of law enforcement in the criminal justice system.
• Contrast the crime control and due process models.
• List the different levels of law enforcement.
• Explain how the events of September 11 changed the structure of law enforcement
jurisdictions.
LECTURE OUTLINE
1. The Police Function: Social Control and the Use of Force
a. Teaching Tip: As most students have had some experience with police in their
own neighborhoods, you should ask them how they might change the way in
which law enforcement officers control society.
2. Policing within the Rule of Law: The Challenges of Discretion
3. The Delicate Balance: Crime Control versus Due Process
a. Teaching Tip: There are a number of pertinent questions that you can bring up
here that reflect concerns your students will be able to relate to in their own
experience but that also illustrate the difficulty of striking the balance between
controlling and punishing crime and granting civil liberties and due process.
You might ask students whether they believe the crime rate a direct result of
the policy of due process, how they might feel about law enforcement
agencies’ searching their homes and belongings, and how airport security
measures impact them. Your students may also have heard of the Patriot Act
and have feelings regarding it. This is also a good place to explore your
students sense of punitiveness versus clemency, asking, for instance, whether
plea bargains should be allow in the case of violent crimes, whether convicts
should be able to serve their sentences at home rather than in correctional
facilities, and how they might punish offenders for violent crimes such as
murder, rape, robbery, burglary and robbery.
4. The Levels of Law Enforcement
a. Municipal Agencies
i. Teaching Tip: Here, it is often helpful to have looked up and be able to
present some pictures and information of the local agencies in your
institutions jurisdiction. You should be able to identify municipal,
county, and relevant state and transit agencies, as well as any federal
agency field offices in your jurisdiction and any recognized tribes.
b. County Agencies
4
