The history of the United States criminal justice system is complex, with diverse influences, evolving legal frameworks, and shifting societal values. From its colonial roots to the contemporary era, the system has undergone transformations shaped by changes in societal norms, technological advancements, and evolving understandings of justice and human rights. This lesson traces the major historical developments in the U.S. criminal justice system, highlighting pivotal changes in law enforcement, the courts, and corrections. We will go into further depth about each of these components of the system in future lessons, but here, we will provide a brief history.
The origins of the U.S. criminal justice system can be traced back to the colonial period when the legal system was influenced by English common law (Dale, 2008). Colonists brought the legal traditions of England, which included concepts such as:
In colonial America, law enforcement was a community-based operation. Early forms of policing included the "watch" system in urban areas, where volunteers patrolled the streets at night, and the "sheriff" system in rural areas, where a locally elected official was responsible for maintaining law and order (Waxman, 2017). This approach to law enforcement meant that justice was often influenced by local customs and attitudes.
Following the American Revolution, the United States sought to develop a legal identity separate from its colonial past. The U.S. Constitution was ratified in 1788, establishing a federal system of government with a separation of powers among the executive, legislative, and judicial branches. The Bill of Rights, which was added in 1791, provided several important protections for people accused of crimes, including the right to due process, a speedy trial, and protection against unreasonable searches and seizures (National Archives, 2018).
During this period, the foundation for the modern criminal justice system began to take shape. The judiciary emerged as a critical component, with the establishment of the Supreme Court and lower federal courts, which were given the authority to interpret the Constitution and adjudicate disputes.
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The judiciary's role in shaping the criminal justice system was solidified with landmark decisions, such as Marbury v. Madison (1803), which established the principle of judicial review (LII, 2020).The 19th century was a period of expansion and reform in the U.S. criminal justice system. As the nation became industrialized, crime rates in urban areas increased, prompting the development of more formalized policing systems. The first organized police department in the United States was established in Boston in 1838, followed by New York City in 1845 and other major cities soon after (Waxman, 2017). These early police departments were modeled after London's Metropolitan Police, emphasizing preventive patrol and the professionalization of law enforcement.
The 19th century also saw the beginning of the penitentiary system in the United States. The Pennsylvania and Auburn systems emerged as two competing models for prison design and management.
Despite these reforms, the 19th-century criminal justice system was not without its flaws. Corruption was rampant in many police departments, and the system was often biased against marginalized groups, including African Americans, Native Americans, and immigrants. The end of the Civil War and the abolition of slavery brought new challenges, as Southern states enacted "Black Codes" and later, "Jim Crow" laws, to maintain racial segregation and suppress the newly won freedoms of African Americans (National Geographic Society, 2022). These laws were often enforced through discriminatory policing practices and biased judicial proceedings, highlighting the deep racial inequities that would continue to plague the criminal justice system.
The early 20th century, known as the Progressive Era, was marked by a wave of social and political reforms aimed at addressing the excesses and inequities of the industrial age. The criminal justice system was no exception. Reformers sought to professionalize policing, reduce corruption, and introduce more scientific approaches to crime detection and prevention. The establishment of the Federal Bureau of Investigation (FBI) in 1908 (Fox, 2003) marked a significant step toward creating a more centralized and coordinated approach to federal law enforcement.
During this period, there was also a growing recognition of the need for specialized juvenile justice systems.
This new system aimed to divert juveniles away from adult criminal courts and correctional facilities, focusing instead on rehabilitation and reintegration into society. Similarly, this era also saw the beginnings of the modern prison reform movement. Reformers criticized the brutal conditions in many prisons and advocated for more humane treatment of inmates, including the introduction of education and vocational training programs. The rise of the parole system provided a way for people to earn early release based on good behavior, emphasizing rehabilitation over punishment.
The mid-20th century was a transformative period for the U.S. criminal justice system, driven largely by the Civil Rights Movement and the push for social justice (CJI, 2024). The movement highlighted the systemic racism and discrimination embedded within the criminal justice system, leading to significant legal and societal changes.
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Landmark Supreme Court cases such as Brown v. Board of Education (1954) and Miranda v. Arizona (1966) helped redefine the rights of individuals within the system, particularly concerning due process and equal protection under the law.The 1960s and 1970s also brought increased federal involvement in crime control and criminal justice policy. The Omnibus Crime Control and Safe Streets Act of 1968 (Office of Justice Programs, n.d.) and the establishment of the Law Enforcement Assistance Administration (LEAA) were essential in providing federal funds to state and local law enforcement agencies, promoting the professionalization and modernization of policing practices.
Despite these advancements, the era was also marked by a shift towards a more punitive approach to crime.
The late 20th century to the present has been characterized by debates and reforms aimed at addressing the shortcomings of the U.S. criminal justice system. The high rates of incarceration, racial disparities in sentencing, and the social and economic costs of mass incarceration have prompted calls for comprehensive reform. Recent decades have seen efforts to reform sentencing laws, reduce mandatory minimums, and expand alternatives to incarceration, such as drug courts, mental health courts, and community-based programs. The movement for police reform has also gained momentum, particularly in the wake of high-profile incidents of police violence and the rise of the Black Lives Matter movement. Calls for greater accountability, transparency, and community-oriented policing have led to changes in law enforcement practices and policies across the country (Porter, 2022).
Technological advancements have also impacted the criminal justice system, introducing new tools for crime detection and prevention, such as:
Source: THIS TUTORIAL HAS BEEN ADAPTED FROM LOUIS: The Louisiana Library Network'S “CCRJ 1013: Introduction to Criminal Justice”. ACCESS FOR FREE AT LOUIS. LICENSE: CREATIVE COMMONS ATTRIBUTION 4.0 INTERNATIONAL.
REFERENCES
CJI. (2024, August 27). 60 Years of the Civil Rights Movement Reflection: Its Lasting Impact on Criminal Justice - CJI. CJI - Just Another Community Resources for Justice Site. https://www.cjinstitute.org/news-article/60-years-of-the-civil-rights-movement-reflection-its-lasting-impact-on-criminal-justice/
Dale, E. (2008). Criminal Justice in the United States, 1790–1920: A Government of Laws or Men? In M. Grossberg & C. Tomlins (Eds.), The Cambridge History of Law in America (pp. 133–167). chapter, Cambridge: Cambridge University Press.
Fox, J. F. (2003, July). The Birth of the Federal Bureau of Investigation. Federal Bureau of Investigation. www.fbi.gov/history/history-publications-reports/the-birth-of-the-federal-bureau-of-investigation
JWU. (2023, August 25). Exploring the Impact of Criminal Justice Technology. JWU College of Professional Studies. online.jwu.edu/blog/empowering-justice-exploring-impact-of-criminal-justice-technology-modern-era/
Legal Information Institute (LII). (2020). Marbury v. Madison (1803). www.law.cornell.edu/wex/marbury_v_madison_%281803%29
Library of Congress. (n.d.). Prison discipline: the Auburn and Pennsylvania systems compared. Library of Congress, Washington, D.C. 20540 USA. www.loc.gov/item/2021692557/
National Archives. (2018). Constitution of the United States—A History. National Archives. www.archives.gov/founding-docs/more-perfect-union
National Geographic Society. (2022, July 8). The Black Codes and Jim Crow Laws. National Geographic; National Geographic Society. education.nationalgeographic.org/resource/black-codes-and-jim-crow-laws/
Office of Justice Programs (OJP). (n.d.). Juvenile Court at 100 Years: A Look Back. www.ojp.gov. www.ojp.gov/ncjrs/virtual-library/abstracts/juvenile-court-100-years-look-back
Office of Justice Programs (OJP). (n.d.). Omnibus Crime Control and Safe Streets Act of 1968. www.ojp.gov. www.ojp.gov/ncjrs/virtual-library/abstracts/omnibus-crime-control-and-safe-streets-act-1968
Porter, N. D. (2022, December 14). Top Trends in Criminal Justice Reform, 2022. The Sentencing Project. www.sentencingproject.org/fact-sheet/top-trends-in-criminal-justice-reform-2022/
The Persistent Impact of the War on Drugs in Federal Marijuana Policy. (2024, August 27). The Leadership Conference on Civil and Human Rights. civilrights.org/blog/the-persistent-impact-of-the-war-on-drugs-in-federal-marijuana-policy/
Waxman, O. B. (2017, May 18). How the U.S. Got Its Police Force. Time; Time. time.com/4779112/police-history-origins/
