Vivid and dramatic episodes depicted by writers of the day and popularized in subsequent films, books, and television programs do have foundation in fact. Cowboys shooting up towns in drunken sprees, horse thievery, bank robberies, stage hold-ups, and the like, constituted significant problems for communities in the Wild West. Crimes of this nature often made for uncomfortable human complications. Geographical and cultural isolation gave rise to a peculiar type of organized crime known as the bandit gang. In the vastness of the region, these organized groups of outlaws sought refuge from law enforcement. Special patterns of lawlessness developed with owners of cattle and sheep and the rustling of their livestock presented profound problems. Violent feuds between cattlemen and sheepmen also developed and the results culminated in some very famous gunfights.⁸³

The herding of loose cattle and mustangs was a lucrative trade for many cowboys. This stock belonged to no one any more than did the deer, antelope, or buffalo. The first-come and first-served notion of gathering these animals often caused issues of violence. As the wild herds were depleted, rustling of livestock from owned herds became a common crime. Unique forms of forgery to change the brands on the owned animals subverted identification efforts. Commonly, livestock was driven far enough away to avoid apprehension. Once the cattle were converted to steaks and the profits were garnered, the theft was unprovable. The rustling of cattle and horses became an important enforcement function for the Wild West sheriff.⁸⁴

When gold and silver was discovered in California, Colorado, Montana, and elsewhere, beginning in about the middle of the nineteenth century, the picture of the West changed dramatically. The most obvious change was the dramatic influx of population. Seeking riches, hordes of settlers and prospectors went west. In 1845, California had less than 15,000 residents of European dissent. By 1852, that number had soared to 250,000. The wealth of the mining towns of California and the Rocky Mountains held a natural attraction for those who would rather steal gold and silver than to dig for it. Rules of cooperation were made and laws were created to preserve order. In many mining camps they elected a presiding official, a claims recorder, and often times a judge and a sheriff to deal with the various issues of control and enforcement.⁸⁵

The robbing of public transportation conveyances became another issue of crime activity in the Wild West. Because there were vast distances between communities on the frontier, transportation between two points required long, isolated, and unprotected movements. The transportation of people, goods, and money on stage coaches and trains fell prey to road agents who would strike out against the vehicles in secluded areas. The spacious territory and lack of communications made it extremely difficult for sheriffs to track down these outlaws. The hold-ups of these transit lines became so pervasive that the companies eventually hired private security and armed guards to accompany passengers and payroll that were being transported throughout the frontier.⁸⁶

Horse stealing in the West was also widespread and was considered a serious offense. It was often times judged even more serious than shooting a man and horse thieves routinely were hanged for the offense. Groups of semi-organized outlaws rampaged throughout the frontier to steal horses. In 1869, a Kansas newspaper editor remarked:

"That hardly a day passes without one or more cases of horse-stealing coming to our ears. At the penitentiary one-fourth of the convicts are in durance for offenses connected with the horse, and many more are outside than are in".⁸⁷

No analysis of crime in the Wild West can be made without references being made to the courts of the era. While the majority of Western judges probably had the best intentions and wished to uphold the highest standards, the reputations of the courts did not always reflect this. Some considered legal tribunals of the era as an aggravation of crime itself. Criticisms of formal justice were abound. A typical statement of the time reflecting this is found in Popular Tribunals of 1887:

"Courts of law are in bad repute these days. Venality and corruption sit upon the bench in the form of duelling, drinking, fist fighting, and licentious judges. Where the people look for justice, they find too often jokes and jeers. It is not uncommon to see a judge appear upon the bench in a state of intoxication, and make no scruple to attack with fist, cane, or revolver any who offend him".⁸⁸