It was the sociologist Egon Bittner (1970) who understood the conundrum that democracies
face when they attempt to apply coercive power. The instrument of this coercive
power is typically presented through the police, at least in Bittner’s understanding, yet
the application of coercive power in democracies as evidenced by the entire criminal
justice system is also somewhat apparent and potentially controversial and problematic.
The disjuncture between state sponsored coercive power, on the one hand, and the
legitimate functioning of a democracy where an appreciation of diversity of opinion is
valued, on the other hand, is the essence of what Bittner recognized as a problem for
democracies.
Bittner recognized something that even to this day we still struggle with in democracies:
the expression of coercive force in a democracy must always be monitored, assessed,
and questioned if we are ever to sustain democratic thinking and its concomitant principles
of justice, equity, fairness, and the rule of law. Yet, the struggle to maintain criminal
justice practices under a democratic political system is often times very difficult. Maybe
this is as it should be. Democracy and its attendant criminal justice systems are evolving
projects; they require constant vigilance and work to remain vibrant and receptive to the
needs of the polity.