Criminal justice system is forever changing to protect and server society. Relationships between the United States government, state, and local policing looking at programs from the past, need changes for the future. State and local law enforcement responsibilities, and functions in fighting crime by enforcing laws, apprehending offenders, preventing crime, and preserving the peace, has changed since September 11, 2001. State law enforcement is expanding their responsibilities, changed from acts of terrorisms, new laws, and procedures of new types of crimes.
Cyber-crime, new technology, terrorism, immigration, drug, and human trafficking contributing for changes in laws nationally and international. Need to identify and assess recent and future trends that affect the criminal justice system (Homeland Security and Law Enforcement” 2009) Western law combines contributions from ancient laws and Common law. The structure of laws came from England, their Bobbies (police officers), statutory, and case law. Sheriffs were the town’s authority, received taxes, and gave out punishment and banishing citizens.
Common law highlighted in 1811 when English prison reformer and jurist, Jeremy Bentham wrote to President James Madison offering to codify the law of the United States. The bases of the nation’s laws are from the Constitutions, peruses as a constraint on police power the government can enact, guarding personal liberties. The Bill of Rights and the Fourth, Fifth, Sixth, and Fourteenth Amendments limits on authority of the government to regulate people. Regarding the Fourth Amendment, part of the Bill of Rights that guard against unreasonable search and seizures supported by probable cause.
In case Mapp v Ohio, in 1961 the Supreme Court the Fourth Amendment applies to the states by the Due Process Clause of the Fourteenth Amendment. That evidence obtained buys a violation of the Fourth Amendment, not used in criminal processes. Mapps’ home searched by several police officers who claimed to have a search warrant, but never produced one. Informant information used, what was found was obscene material and Mapp convicted of possession of these materials (Cornell University Law School, 2007).
The Fifth Amendment, Due Process, and Self Incrimination, part of the Bill of Rights, the Sixth Amendment set rights to fair criminal and public prosecutions. The Sixth Amendment includes: the right to a speedy trial, public trial, judged by impartial jury, notified of nature of alleged crime, right to witness to speak in one’s favor, and right to representation. The Fourteenth Amendment, Due Process Clause, applicable to the states, the Fifth Amendment allocable to the federal government.
That prohibits the government from taking a person’s life, liberty, or property without due process of law, adopted on July 9, 1868, one of the Reconstruction Amendments (The Library of Congress, 2010). In the past police officers were patrolling high crime, poverty areas with gangs and organized crime. In the late 1800s and early 1900s police officers patrolled areas, and interacted with the community, making people feel safe. Building relationships with community leaders and neighborhoods, showing they were there to prevent crime, and preserve the peace.
By the mid-1900s new technology had a unique influence on policing, patrol cars, and two ways radios changing the way police officers did their jobs, isolating the officers from the citizens. Changing the way police officers viewed, seen as intruders and not trusted as before. Citizen told to call 911 in case of emergency. This starting a new era of the way community policing is done within the communities (Community Policing,”2012). With the Terrorism Prevention Act of 2004 enacted for collection of intelligence to each level of law enforcement, the largest impact on law enforcement in 50 years.
Also in 2001, Congress approves the Provide Appropriate Tools Required to Intercept and Obstruct Terrorism, or known as the Patriot Act, making full cooperation between local and federal agencies. Improving the ability of inter-agency communications at state, local, and federal levels. Increased responsibilities with new security initiatives, and training for new technology, new community policing policy, and procedures. State, and local law enforcement department’s role in responding to terrorism is to prevent, respond, and attend evacuations, emergency medical, and security functions.
Increased training in potential biological, chemical, and radiological attacks. Placing a greater financial burden on state agencies, and maintain a greater awareness of suspicious persons, placing an increased burden on patrol duties. Placing a greater financial burden on patrol duties, acquiring more from tax payers, new legislature for these crimes. The Internet used in 1960s, by U. S. Department of Defense Advanced Research Projects Agency (ARPA). Then the Central Intelligence Agency and National Security Agency authorized by the National Security Act, to use computers, and any electronic device for analysis, and research operations.
Modern concept of national security in the electronic age had begun. Enter the so-called smart weapons, such as telecommunications, satellites, electronic surveillance acquiring information in seconds. The Internet first used by the United States Department of Defense, and exclusively by scientists, engineers, and military personnel, mostly used by civilians in every country in the world. Making the national security an international conflict (Chapman, 1999). Consideration of use of outdated equipment not able to compete with criminal enterprises’ ahead of the game.
During the 1990s, organized crime related to illegal markets and money laundering serious challenges to international security. Indeed, there has been a growing sensitivity to the problem and increased willingness to address transnational organized crime. Increased responsibilities with new security initiatives, and training for new technology, new community policing policy, and procedures. Communication between agencies, how information stored and how shared. Mobile communication, access to criminal databases, makes law enforcement more effective.
Not only technological training but also, wellness classes, and stress management as well. Dealing with more complex, and dangerous task with racial tension, immigration, and terrorism in need of more detailed training in technology and intelligence gathering and dealing with discrimination, language barriers. Stress management, relation with other state and federal agencies, new security issues, Federal Bureau of Investigations stress local law enforcement to play a greater role in gathering information and immigration enforcement.
Increased levels of harassment, discrimination, and verbal abuse. Many communities already distrust, lack of culture awareness and fear of deportation. Cultural training and advisory councils for personal in the justice system. Policy decisions for criminal justice issues correctional planning, program evaluation, designing interventions to jail overcrowding, resource allocation. Provide guidance for policy makers to adequate data collection, analysis, and presentation. Statistical data by correctional manager and policy makers.
Administrators, policy manager, and policy maker’s legal sources inside, and out of justice systems, difference between constitutional, and non-constitutional jail relied on presence of documentation of compliance with standards. Financial deficits, accountability, and public concern, whereas legislative bodies maintain public laws, for criminal justice to develop, compile, and evaluate statistics related to inmates’ population, and operational process. The record system contains specific data mandated documentation. This has proved permeate for protection against legal liability, and useful resources for litigation.
Corrections increasing in size and complexity and turbulent with more inmates, lawsuits and citizen demands. De-institutionalization to crowd reduction, and the need to maintain a constitutional facility. More alternative institution and community services require security level, classification techniques, determined by appropriate for less secure settings. Management more information-based replacing decision made on relational argument, and supported by hard statistical data, forecasting, and policy simulation modeling.
Criminal justice increasing by required collecting data about people, events, organizational processes, and decision for five years or more. Making decisions for one agency may often be critical to another agencies data, i. e. social history, medical, and integration data. Managerial complacency often results in failure to act until problems are at crisis levels. Critical data and forecasts help when immediate approach to balance subjective observation and objective indicators of system performance. Base rates important for objective monitoring policy and system performance, many managers do not collect data to be analyzed.
Monitoring system to provide data on policy achievements and operational status should be goals of a facility. Costly resource can be avoided with decision processes, planners that work together to coordinate their strategies to work community corrections, courts, and jails, law enforcement (Brennan, 2001). References Brennan, T. (2001). Data driving policy and planning decisions. Retrieved from http://www. northpointeinc. com/pdf/Data%20Driving%20Policy. pdf Cornell University Law School. (2007). Cases of the 1960s. Retrieved from http://www. fourthamendmentsummaries. com/cases/1960s_cases.
html Chapman, G. (1999). National Security. Retrieved fromhttp://www. utexas. edu/lbj/21cp/isoc. htm Homeland Security and Law Enforcement. (2009). Retrieved from http://www. policeemployment. com/resources/articles/homeland-security-law Police: Community Policing – Origins And Evolution Of Community Policing. (2012). Retrieved from http://law. jrank. org/pages/1649/Police-Community-Policing-Origins-evolution-community-policing. html The Library of Congress (2010). Primary Documents in American History. Retrieved from http://www. loc. gov/rr/programs/bib/ourdocs/DredScott. html.