14 Section 2.2: Politics in Criminal Justice
Politics is the art and science of running a government and guiding governmental policy. The nature of politics in America is conflict and debate about policy, and criminal justice policy falls into that arena. The American political system and the criminal justice system involve actions of the President, Congers, courts, bureaucracies, interest groups, elections, and the media. These groups are mirrored on the state level and to some degree on the local level. The actions of elected officials have a direct impact on the system, and the policies they implement directly affect how justice is done.
The Politics of Selecting Decision Makers
In a democratic republic, one of two ways selects criminal justice decision makers: They either are elected by the public, or are appointed by a public official (often an elected one). Elected mayors, for example, often appoint chiefs of police. The President of the United States (an elected official) appoints Supreme Court justices with the confirmation of the U.S. Senate (a body of elected officials). Both methods are highly political and cannot be understood without understanding something of the political process.
The Politics of Law Making
Although the federal legal system and that of most states relies on the old common law for its historical foundations, criminal law is mostly a matter of statute these days. That is, criminal laws are made by legislative assemblies that decide which acts are prohibited, and what punishments are appropriate for those that commit those acts in violation of the law. Obviously, politics influences the laws that assemblies pass. Today the nation finds itself at the conclusion of what has been a “get tough” era of criminal justice. Ushered in by the “crack epidemic” of the early 1980s, this has been a period of harsher punishments, longer prison sentences, less therapeutic programs, and skyrocketing corrections budgets. The pendulum seems to have reached the far right, and now may be swinging back toward the middle. Many states have begun concentrated efforts at finding alternatives to incarceration, and the federal government is considering early release for drug offenders sentenced under the “get tough” drug laws of the previous two decades.
The Politics of Policing
Most police departments try to distance themselves from the vicissitudes of politics as much as possible. To be effective, law enforcement must be seen as fair and impartial, serving all of the community without favoritism or political patronage. The political climate of a community can have a huge impact on the police department. Elected officials appoint police administrators, and can often fire them just as easily. The style of law enforcement, formal departmental policy, and informal norms can all be heavily influenced by local politics. The structure of local government can have an impact on how police services are delivered. Professional city managers, for example,