CRM 322 Lecture Notes - Balko, Equal Protection Clause, Implicit Stereotype
Document Summary
Two different missions of law enforcement in a democracy. They can be identified as having quite different implications for decision making. The missions are not necessarily contradictory or exclusive, but the history and present-day influence of these roles is important to note. Criminals are the enemy and the police are the soldiers in the war on crime. Repression of criminal conduct is most important function. Failure of law enforcement means breakdown of order. Criminal process is positive guarantor of social freedom. Police perception of their role as crime fighters will lead to certain decisions in their use of force, definition of duty and their use of deception and coercion. Police as public servants serve all people, including criminals. There is insistence on prevention and elimination of mistakes. Protection of process is as important as protection of innocents. The coercive power of the state is always subject to abuse.
