NCJ Number
44435
Journal
Law and Order Volume: 26 Issue: 1 Dated: (JANUARY 1978) Pages: 76-80
Date Published
1978
Length
5 pages
Annotation
THE EVOLUTION OF THE RELATIONSHIP BETWEEN THE POLICE AND THE COURTS AND THE CHANGING EXPECTATIONS OF THE PUBLIC WITH REGARD TO THE PROPER FUNCTION OF THE POLICE ARE DISCUSSED.
Abstract
THE DISCUSSION FOCUSES ON THE MANNER IN WHICH POLICE ATTEMPT TO JUSTIFY THEMSELVES TO THE COMMUNITY AND ON THE ANTAGONISTIC ASPECTS OF THE RELATIONSHIPS BETWEEN THE POLICE AND THE COMMUNITY AND BETWEEN THE POLICE AND OTHER COMPONENTS OF THE CRIMINAL JUSTICE SYSTEM. THE TENDENCY OF POLICE OFFICERS TO FEEL THAT THEY ARE JUDGED SUCCESSFUL WHEN THEY MAKE ARRESTS AND UNSUCCESSFUL WHEN THEIR ARRESTS CULMINATE IN ACQUITTALS IS POINTED OUT, AS IS THE ILL WILL BORNE BY THE POLICE OFFICER TOWARD THE COURT THAT ISSUES THE ACQUITTAL. SOME POLICE OFFICERS VIEW THE REFUSAL OF THE COURTS TO CONVICT OR OF THE PROSECUTOR TO PROSECUTE AS ARTIFICIAL FORMALITIES AND COME TO BELIEVE THAT THE POLICE ARE THE ONLY ONES TRYING TO DO ANYTHING ABOUT CRIME. HOWEVER, POLICE ATTITUDES ARE CHANGING IN THE WAKE OF WARREN COURT DECISIONS REGARDING DUE PROCESS. MOST LINE OFFICERS KNOW THAT THE RULES OF EVIDENCE, ARREST, AND SEARCH AND SEIZURE ARE COMPLICATED AND HAVE DEVELOPED A CERTAIN OBJECTIVITY WITH REGARD TO COURT DISPOSITIONS. THERE IS A DE-EMPHASIS ON ARREST AND CONVICTION. IT IS SUGGESTED THAT THE WARREN COURT RULINGS CONCERNING THE RIGHTS OF THE ACCUSED COMBINED WITH DISTORTED PRESENTATIONS BY THE MEDIA, HAVE TAKEN THE PRESSURE OFF THE POLICE WITH REGARD TO ARREST AND CONVICTION. THE PUBLIC TENDS TO ADMIRE THE POLICE FOR BEING ABLE TO COPE WITH WHAT ARE SEEN AS ARBITRARY COURT DECISIONS, AND THIS ADMIRATION IS DEVELOPING INTO A NEW BOND BETWEEN THE POLICE AND THE COMMUNITY. IN ADDITION, POLICE OFFICERS ARE BEGINNING TO EVALUATE THEIR OWN PERFORMANCE AND THAT OF THEIR PEERS BY CRITERIA OTHER THAN RATES OF ARREST, CLEARANCE, AND CONVICTION.