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• 1. Introduction: They Tax Dogs in West Virginia, Don’t They?
• 2. Federalism: The Power Plan
• 3. Constitutions: Operating Instructions
• 4. Political Attitudes and Participation: Venting and Voting
• 5. Parties and Interest Groups: Elephants, Donkeys, and Cash Cows
• 6. Legislatures: The Art of Herding Cats
• 7. Governors and Executives: There Is No Such Thing As Absolute Power
• 8. Courts: Turning Law into Politics
• 9. Bureaucracy: What Nobody Wants but Everybody Needs
• 10. Local Government: Function Follows Form
• 11. Metropolitics: The Hole Government Problem
• 12. Finances: Filling the Till and Paying the Bills
• 13. Education: Reading, Writing, and Regulation
• 14. Crime and Punishment
• 15. Health and Welfare Policy: State, Heal Thyself!
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Chapter 14: Crime and Punishment

Study

Chapter Summary
Although the historical roots of the jury system and common law tradition in the United States are shared by the states, punishment mechanisms vary according to political culture, party politics, and state demographics. Debate among states and localities in regard to the appropriate policing method has centered on the use of the professional model versus the community model. While punishment mechanisms and policing initially were designed as deterrents (professional model), policing has evolved into a social mechanism. The community policing model, or broken windows policing, has been adopted by most states as a way of discouraging minor disturbances and preventing community-wide problems.

Contemporary policing faces numerous dilemmas, including sustaining cooperation among law enforcement agencies, recidivism, fluctuating crime rates, and the disproportionate presence of certain groups in the criminal justice system. There is general agreement, however, that the community policing model is the most reliable mechanism for ensuring a fair and quality criminal justice system.

Objectives
After reading this chapter, you should understand…

• trends in the criminal justice system in the United States
• how civil and criminal cases differ
• the origins of the U.S. criminal justice system and the role of common law
• what policies affect judicial discretion over sentencing guidelines
• how the community policing and the professional policing models differ

Study Questions

1. How does a civil case differ from a criminal case?


2. What are the origins of the criminal justice system in the United States? What is the role of common law in the U.S. criminal justice system?

3. Why do incarceration rates tend to vary by state? What groups have been affected disproportionately by the sharp rise in incarceration rates?

4. What policies affect judicial discretion over sentencing guidelines?

5. How do the community policing model and the professional policing model differ? Who were the primary actors in fueling a return to the community policing model? Which approach advocates broken windows policing?

6. What are some recent trends in crime policy in the United States? How have states attempted to reduce the costs of law enforcement?