U.S. Presidential role in criminal justice
The role of the U.S. President in criminal justice is multifaceted and significant, encompassing responsibilities that affect the nation's legal system and law enforcement practices. As the chief executive, the president appoints key officials within the Justice Department, including the Attorney General and federal judges, thus influencing the enforcement and interpretation of federal law. Additionally, the president shares authority with Congress over federal legislation related to criminal justice, including the power to sign bills into law or veto them.
Throughout history, presidents have initiated major reforms, such as President Lyndon B. Johnson's establishment of the President's Commission on Law Enforcement in 1965, which aimed to improve the criminal justice system and led to significant legislative advancements. Subsequent presidents have continued this trend, with initiatives like the Violent Crime Control and Law Enforcement Act signed by Bill Clinton, which allocated substantial funding for crime prevention and law enforcement. More recently, President Joe Biden's executive order on police reform highlights ongoing efforts to address systemic issues within law enforcement, though it is limited to federal agencies. Overall, the president plays a crucial role in shaping public policy and attitudes toward criminal justice, reflecting the evolving priorities of American society.
U.S. Presidential role in criminal justice
SIGNIFICANCE: As the top elected government official in the United States, the president of the country is the commander in chief of all U.S. armed forces and plays a pivotal role in criminal justice, from the appointment of Justice Department officers and federal judges to signing congressional legislation.
As the chief of state and commander in chief of the United States, the president has many responsibilities that relate to criminal justice. For example, as the leader of the executive branch of the government, the president appoints the secretary of justice and other top Justice Department officials and is ultimately responsible for the enforcement of federal law. The president also appoints federal judges, including the justices of the U.S. Supreme Court. The president shares responsibility with Congress for the federal prison population.
Under the American system of checks and balances, the president must work closely with the legislative branch, whose Senate confirms presidential appointments. The president, in turn, endorses congressional legislation by signing laws and has the power of veto over new legislation. The president may also send legislative initiatives to Congress for consideration. A major part of the president’s role in criminal justice is symbolic; the legislation that a president proposes and a president’s responses to congressional initiatives can influence public attitudes toward criminal justice and help or hinder public support of law enforcement and other parts of the criminal justice system.
A major example of the role a president can play in criminal justice occurred in 1965, when President Lyndon B. Johnson appointed the first President’s Commission on Law Enforcement and Administration of Justice. The commission was charged with undertaking a comprehensive review of the criminal justice system and proposing strategies for its betterment. The commission issued recommendations for reform in structure, selection, training, coordination of services, and overall management practices. That commission’s finding led to the creation of the Law Enforcement Assistance Administration and the Omnibus Safe Streets and Crime Control Act of 1968, which provided funding for state and local efforts aimed at the control of criminal activity. Federal support of local law enforcement rose to an even higher level in 1994, when President Bill Clinton signed the Violent Crime Control and Law Enforcement Act, which provided billions of dollars in funding for crime prevention strategies, building prisons, and hiring of police officers and prison guards.
The September 11, 2001, terrorist attacks on the United States prompted the most extensive restructuring of the federal government in more than fifty years. Under the direction of President George W. Bush, the Department of Homeland Security was created to consolidate twenty-two separate agencies into one cabinet-level department to improve protection against future terrorist attacks. For the first time in history, the investigation of terrorist activity became the main priority of all law-enforcement entities. Bush also signed the Patriot Act to furnish law enforcement with the necessary tools to combat terrorism while affording judges heightened levels of power to impose more stringent sentences.
In 2018, President Donald Trump signed the First Step Act, a bipartisan piece of Congressional legislation intended to reform the prison and criminal justice system. Key factors of the act is to develop a risk and needs assessment system to assess the recidivism risk and criminogenic needs of federal prisoners, as well as to enact sentencing reforms. The goal of the act is place more prisoners in recidivism reducing programs to be able to help them integrate back into society, rather than continue overpopulating the prison system.
In 2022, President Joe Biden signed an executive order calling for police reform in the wake of several high-profile incidents involving deadly use of force against unarmed Black victims. However, the order was limited to federal law enforcement and was not required to be adopted by state and local agencies.
Bibliography
"An Overview of the First Step Act." Federal Bureau of Prisons, 2018, www.bop.gov/inmates/fsa/overview.jsp. Accessed 9 July 2024.
Andrew, C. For the President’s Eyes Only: Secret Intelligence and the American Presidency from Washington to Bush. New York: Perennial, 1996.
Genovese, Michael. The Power of the American Presidency, 1789-2000. New York: Oxford University Press, 2000.
Kaste, Martin. "Biden Has a New Executive Order on Policing, 2 Years After George Floyd Was Killed." NPR, 24 May 2022, www.npr.org/2022/05/24/1101080553/biden-has-a-new-executive-order-on-policing-2-years-after-george-floyd-was-kille. Accessed 8 July 2024.
Nellis, Ashley, and Liz Komar. "The First Step Act: Ending Mass Incarceration in Federal Prisons." Sentencing Project, 22 Aug. 2023, www.sentencingproject.org/policy-brief/the-first-step-act-ending-mass-incarceration-in-federal-prisons/. Accessed 8 July 2024.
Smith, Norris, and Lynn M. Messina. Homeland Security. New York: H. W. Wilson, 2004.