When we hear elected officials, the media, and community members discuss the criminal justice system, almost always, these discussions focus on the police. However, as we know, the real criminal justice system is much broader, encompassing courts, prosecutors, county and elected officials, schools, probation, parole, prisons, county jails, and communities.
As police leaders, we know that if any part of a system breaks down, the whole system fails. When we attempt to address crime issues, it is imperative that we also talk about the other parts of the criminal justice system that are failing us.
When the criminal justice system fails, it is law enforcement that is expected to deal with the consequences. One of the most serious issues is the failure of institutions that deal with mental illness, which have too few resources. The history of this problem dates back centuries, although the current resource shortfalls are often attributed to U.S. President John F. Kennedy’s 1963 special message to Congress that emphasized the need to treat patients in their own communities and return them to “a useful place in society.” However, too many beds have been cut at state hospitals, leaving many with nowhere to turn, resulting in homelessness, substance abuse, or incarceration. This will come as no shock to you, but, today, some of the largest mental health providers are our jails.
Communities and police leaders must demand improvements from their elected leadership to address social shortcomings that deteriorate lives and perpetuate cyclical involvement with the criminal justice system. These include poverty, education, substance abuse, and mental health. Police officers, as the most visible form of government, are increasingly expected to deal with the social ills that plague society but often lack the authority, training, or expertise to proactively address them. These collective societal failures have pushed problems such as homelessness, drug addiction, and mental illness to the streets for the police to handle.
It is unrealistic and unsustainable to expect law enforcement to manage the underlying social conditions such as mental illness, substance abuse, and homelessness that often precede or precipitate criminal behavior.
While police agencies will always have some role in addressing social problems that impact public safety, for too long, we have been forced, as a result of cuts to other agencies, to shoulder the burden of the failures of the criminal justice system where other public institutions would be better equipped and suited to address many of the social ills we encounter on our streets and in our communities.
We must work together to address the social shortcomings that deteriorate lives and perpetuate cyclical involvement with the criminal justice system.
We need federal, state, and local governments to invest in systems and enhanced programing that will reduce the reliance on police as the first provider of social services. That is why the police, community, and elected officials must jointly shoulder the responsibility to share expectations and offer solutions. This responsibility includes listening and weighing the outcomes of potential decisions and policies that are evidence based and represent the best interests of all involved.
The decisions and practices of prosecutors and the judiciary directly impact public safety, particularly the trust and confidence communities have in the police. While there are multiple ways to hold offenders accountable, prosecutorial and judicial discretion is an important tenet of the justice system. As a result, there needs to be alignment between the police and prosecutors to ensure agreement on the enforcement and prosecution of offenses. Police are the arm of the government that enforces the law, but they do not make the laws. If legislators, prosecutors, and the judiciary are disconnected from the police and the laws they are enforcing, the public loses faith in the police.
Effective criminal justice is a collective responsibility. We must work together to address the social shortcomings that deteriorate lives and perpetuate cyclical involvement with the criminal justice system. That is why I encourage you to read the President’s Commission on Law Enforcement and the Administration of Justice report and recommendations. It was the result of the commitment by hundreds of working group members and testimony from over 200 individuals with a criminal justice nexus. Although the report was released in 2020, many of the recommendations are still very relevant and needed today with action from Congress, the federal government, state and local governments, and law enforcement—particularly when it comes to alleviating the impact of societal problems on public safety. By advocating for and working to implement many of these recommendations, we can create a more effective, cohesive, and just criminal justice system that addresses the root causes of crime and reduces the reliance on the police to manage social issues. d
Please cite as:
Ken A. Walker, “A Collective Responsibility,” President’s Message, Police Chief 92, no. 2 (February 2025): 6–7.
