American Criminal Justice No criminal justice system: A distinctively American lack of centralized policy coordination

What developments and changes will effect crimes reported in press?

The Big Picture The Narrative: State governments attempted to wrest power from local officials and communities and make criminal justice more formal – and the federal government took an increasing interest in criminal justice, creating federal crimes, taking on increased policing and a role as guarantor of civil liberties and civil rights. The result was parallel and overlapping processes operating at local, state and federal levels. 1865-1900: State government vs. Popular Justice 1900-1920: Progressive Reform & Social Responsibility for Crime 1920-WW2: Crime Control WW2-1970s: The Liberal Moment 1970s to the present: The Severity Revolution

Crime Goes National New Federal Crimes against Morality: Mann Act (1910) Harrison Act (1914) National Prohibition (1920) National study of criminal justice: the Wickersham Commission & the ‘third degree’ fed argument that local administration of criminal justice (legal process not legal definitions) must answer to national constitutional standards Not until 1950s/60s that protections of Bill of Rights extended to accused in state courts New Federal Crimes and Enforcement (1930s) Kidnapping, fugitive felons, interstate theft FBI to enforce: the most professional law enforcement Model Penal Code (1960s): a national criminal law, not nationally adopted

Mann Act

Crime Goes National New Federal Crimes against Morality: Mann Act (1910) Harrison Act (1914) National Prohibition (1920) National study of criminal justice: the Wickersham Commission & the ‘third degree’ fed argument that local administration of criminal justice (legal process not legal definitions) must answer to national constitutional standards Not until 1950s/60s that protections of Bill of Rights extended to accused in state courts New Federal Crimes and Enforcement (1930s) Kidnapping, fugitive felons, interstate theft FBI to enforce: the most professional law enforcement Model Penal Code (1960s): a national criminal law, not nationally adopted

prohibition http://reuther.wayne.edu/node/826 2

Crime Goes National New Federal Crimes against Morality: Mann Act (1910) Harrison Act (1914) National Prohibition (1920) National study of criminal justice: the Wickersham Commission & the ‘third degree’ fed argument that local administration of criminal justice (legal process not legal definitions) must answer to national constitutional standards Not until 1950s/60s that protections of Bill of Rights extended to accused in state courts New Federal Crimes and Enforcement (1930s) Kidnapping, fugitive felons, interstate theft FBI to enforce: the most professional law enforcement Model Penal Code (1960s): a national criminal law, not nationally adopted

Third Degree Four plain clothes members of the Metropolitan Police Force of Washington D.C. were suspended in connection with the alleged “Third Degree” treatment received by James Harkers, house breaking suspect http://www.valentinovamp.com/post/24128286554/august-26-1931-four-plain-clothes-members-of

Crime Goes National New Federal Crimes against Morality: Mann Act (1910) Harrison Act (1914) National Prohibition (1920) National study of criminal justice: the Wickersham Commission & the ‘third degree’ fed argument that local administration of criminal justice (legal process not legal definitions) must answer to national constitutional standards Not until 1950s/60s that protections of Bill of Rights extended to accused in state courts New Federal Crimes and Enforcement (1930s) Kidnapping, fugitive felons, interstate theft FBI to enforce: the most professional law enforcement Model Penal Code (1960s): a national criminal law, not nationally adopted

Formalizing & Professionalizing Criminal Justice ‘Modern’ criminal courts: Felony Courts Greater focus on logic of the law Greater role for police & medical examiner (not neighbors & politicians) From local & personal evidence to expert witnesses Lower Courts Judges with legal training replace JPs, but few lawyers Chaotic environment Going to court brought legal system into lives Centralized, bureaucratic structures, organized like businesses Specialized Courts: the Chicago Morals Court Incorporated psychiatry, medicine & social work into everyday practice

Municipal Court, Chicago

Formalizing & Professionalizing Criminal Justice ‘Modern’ criminal courts: Felony Courts Greater focus on logic of the law Greater role for police & medical examiner (not neighbors & politicians) From local & personal evidence to expert witnesses Lower Courts Judges with legal training replace JPs, but few lawyers Chaotic environment Going to court brought legal system into lives Centralized, bureaucratic structures, organized like businesses Specialized Courts: the Chicago Morals Court Incorporated psychiatry, medicine & social work into everyday practice

Formalizing & Professionalizing Criminal Justice Judges Spread of merit plans (33 states at present) Still elected Partisan and non-Partisan elections Prosecutors Head of office elected; staff appointed Staff are political appointments – not lawyers into 1930s Lack of expertise = role for private groups

Formalizing & Professionalizing Criminal Justice Sidelining the Jury: Plea bargaining: in hands of professionals Bench trials The persistence of jury nullification: gambling Modernizing the Police Into cars, on the radio, off the streets – and out of contact with population More training: college cops Militarized Result: bureaucratic, isolated, inward looking, defensive

Popular justice? End of lynching Rioting Establishment of death penalty African- American campaigns Rejected by southern elites Rioting Reactions to crime Shifts to reactions to policing