who determines what behavior becomes a public order crime
Public-order crime In criminology, public-order crime is defined by Siegel (2004) as "crime which involves acts that interfere with the operations of society is the ability of people to function efficiently", i.e., it is behaviour that has been labelled criminal because it is contrary to shared norms, social values, and customs. Robertson (1989:123) maintains a crime is nothing more than "an act that contravenes a law". Generally speaking, deviancy is criminalized when it is too disruptive and has proved uncontrollable through informal sanctions.
Criminal justice In the United States, criminal justice policy has been guided by the 1967 President's Commission on Law Enforcement and Administration of Justice, which issued a ground-breaking report "The Challenge of Crime in a Free Society". This report made more than 200 recommendations as part of a comprehensive approach toward the prevention and fighting of crime. Some of those recommendations found their way into the Omnibus Crime Control and Safe Streets Act of 1968. The Commission advocated a "systems" approach to criminal justice, with improved coordination among law enforcement, courts, and correctional agencies.[1] The President's Commission defined the criminal justice system as the means for society to "enforce the standards of conduct necessary to protect individuals and the community."[2]