Disaster and the Criminal Justice System

Who’s in Charge Here?
Some Observations on the Relationship
Between Disasters and the American Criminal Justice System

Robert J. Louden, Ph.D.
Professor and Program Director, Criminal Justice
Department of Sociology, Anthropology and Criminal Justice
Georgian Court University
900 Lakewood Avenue, Lakewood, New Jersey 08701
[phone] [e-mail] www.georgian.edu

Abstract: Since the beginning of time the world has experienced a wide range of disasters. Responsibility for organizing and directing responses to disasters has varied over time and from place to place. The core functions of the American criminal justice system were established between 1776 and the adoption of the US Constitution, particularly the Bill of Rights in 1789. However, it was not until 1967 that our federal government produced a schematic that graphically presented both the process and the major decision points of the criminal justice system. Although disaster related activity has been present and accepted as a central function of many criminal justice agencies, it did not appear in this significant document. A brief overview of the American criminal justice system is offered. The aftermath of the terrorist attacks of 09/11/01 and the hurricanes of 2005 have illuminated many problems and concerns confronting the criminal justice system as a major component of government response to disasters. Practical experiences in NYC and New Orleans are highlighted. Broad based recommendations for research are suggested.

INTRODUCTION As with any discussion involving links between disasters and a given discipline, the relationship between this subject and the criminal justice system are extensive and complex. In our society criminal justice is perhaps the ultimate multi-disciplinary discipline. At a minimum, aspects of the law, political science, public health, public management, psychology, and sociology influence the practical, tactical and legal activities

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