Walker & Hemmens: Legal Guide for Police (10th ed.)
Chapter 1: Introduction
Introduction
This chapter features a brief overview of the criminal procedures inherent in the American judicial
system. Criminal procedure is fashioned through an interplay between legislature and the American
court system. This chapter provides an introduction into how this interplay effects police officers.
Key Concepts
• An understanding of how the Constitution and Bill of Rights affects the individual American
• An understanding of the Due Process Model.
Key Terms
• Bill of Rights
• Barron v. Baltimore
• Crime Control Model
1. Statutes are often written ambiguously. Courts then face the responsibility of clarifying and
defining these statutes. Should legislatures create more defined statutes and limit the judicial
interpretation? Or should the courts continue defining how statutes and process work?
Guidelines: Where should the power of lawmaking reside? Should the courts decide how
2. Historically, the Supreme Court showed little concern with police activities. This changed
during the 20th century. Should the Supreme Court define how officers “do their job”? Or
should the courts let the police decide the best methods to complete their tasks?
3. Herbert Packer has identified two models for the criminal justice system: Crime Control and
Due Process. Which do you think is best? And why?