Today we thought we'd shed some light on two simple questions: What's the difference between the police, sheriff, and CHP? and, Which court handles a case when a person is arrested?
Before going over each law enforcement agency, a brief primer on our system of government is necessary. Our Founders created a federal form of government. This means that governmental power, which flows from the people, is fragmented among national, state, and local governments. This was done because of the Founders' fear of centralized authority. Divide power among multiple government entities, they reasoned, and the possibility of infringement of individual rights diminishes. Thus the Constitution apportions some powers to the national government and some to state and local governments.
In the Sacramento area there are three main agencies charged with enforcing the law.
- First there are the various police agencies that serve cities. Police enforce local laws - things mostly related to public order, such as traffic and noise regulations - and all state laws - theft, murder, drug possession or anything else that has been legislated as criminal activity by the state legislature and governor.
- Each of the 58 counties in California has its own sheriff's department, which enforce state laws as well any laws passed by the county government. In Sacramento, the sheriff's department patrols in the unincorporated areas (those areas that are outside the boundaries of any city, like Arden-Arcade).
- And finally there is the California Highway Patrol, which as its name suggests, patrols California's expansive system of highways and major thoroughfares. The chief job of the CHP is to enforce traffic rules (e.g., no speeding) and ensure that highways are used for legal activities only (e.g., no drug trafficking).
Which leads to an important point: the police, sheriff, and CHP do not actually charge a person with violation of the law; nor does a private citizen bring charges. After a person is arrested, the case is handed over to the DA's office for review. Deputy District Attorneys, the prosecutors, review the case and decide if charges will be filed. That's why each case is titled The People v. (name of defendant).
Of course, if a person violates a federal (or national) law, then that person will find himself in the federal court system, which has its own law enforcement (FBI and Federal Marshals) and judges and prosecutors. That's why there's a federal courthouse in downtown Sacramento in addition to a county courthouse. But that's a story for another post.
