Chapter Five History and Structure of American Law...

Chapter 5 History and Structure of American Law Enforcement

Chapter Objectives

After completing this chapter, you should be able to: Describe the jurisdictional limitations of American law enforcement.

Trace the English origins of American law enforcement.

Discuss the early development of American law enforcement.

2 Copyright © 2012 The McGraw-Hill Companies, Inc. All rights reserved.

Chapter Objectives

Describe the major developments that have occurred in American policing.

Describe the structure of American law enforcement.

Explain the relationship between the FBI and the Department of Homeland Security.

Discuss the development and growth of private security in the United States.


The Limited Authority of American Law Enforcement

The United States has more than 15,700 public law enforcement agencies.

The jurisdiction of each agency is carefully limited by law. Jurisdiction: The right or authority of a justice agency to act in regard

to a particular subject matter, territory, or person.

Law enforcement is also limited by the procedural law derived from U.S. Supreme Court decisions.

Copyright © 2012 The McGraw-Hill Companies, Inc. All rights reserved. 4

The Limited Authority of American Law Enforcement

In comparison with other democratic nations of the world, the United States has remarkably more police agencies that operate under far more restrictions on their authority.

Like much of the criminal justice system, this limited law enforcement model came from England.


English Roots

Our familiar law enforcement system, in which uniformed officers respond to calls for help and plainclothes detectives investigate, developed over hundreds of years in England.


English Roots

The Tithing System By the twelfth century in England, the practice of resolving disputes

privately gave way to a system of group protection, called the tithing system, in which a group of ten families agreed to follow the law, keep the peace in their areas, and bring law violators to justice.


English Roots

The Tithing System In larger areas, ten tithings were grouped together to form a hundred,

and one or several hundreds constituted a shire. The shire was under the direction of the shire reeve.

The shire reeve was assisted by posses.


English Roots

The Tithing System Shire Reeve: In medieval England, the chief law enforcement officer in

a territorial area called a shire. Later called the sheriff.

Posses: Groups of able-bodied citizens of a community, called into service by a sheriff or constable to chase and apprehend offenders.


English Roots

The Constable-Watch System The Statute of Winchester, in 1285, formalized the constable-watch

system of protection. One man from each parish was selected to be constable.

Citizens were drafted as (unpaid) watchmen, and were required to come to the aid of a constable or watchman who called for help.


English Roots

The Constable-Watch System A system of protection in early England in which citizens, under the

direction of a constable, or chief peacekeeper, were required to guard the city and to pursue criminals.


English Roots

The Constable-Watch System Two elements of this system made their way to the American colonies:

1. The people were the police.

2. The organization of the protection system was local.


English Roots

The Bow Street Runners In 1748, a London magistrate named Henry Fielding (best known for

his writings, including the novel Tom Jones) founded the first publicly funded detective force in a district of London known as Bow Street.

The Bow Street Runners paved the way for a more professional response to crime.


English Roots

The London Metropolitan Police The Industrial Revolution brought a huge influx of people into London,

and along with them, increasing poverty, public disorder, and crime.

In 1829, Parliament created the London Metropolitan Police, a 1,000-member professional force.

The police became known as bobbies or peelers after Robert Peel, the British Home Secretary, who had prodded Parliament for their creation.


English Roots

The London Metropolitan Police The police were organized around Peel’s Principles of Policing.

The London Police were organized according to military rank and structure.

The police were under the command of two magistrates (later called commissioners).

The main function of the police was to prevent crime by preventive patrol of the community.


Robert Peel’s Principles of Policing


The Development of American Law Enforcement

The United States has more police departments than any other nation in the world.

Virtually every community has its own police force, creating a great disparity in the quality of American police personnel and service.


Early American Law Enforcement

Settlers of the new American colonies brought with them the constable-watch system, which became common (although not necessarily effective) in cities.

In many rural areas, a sheriff and posse system was commonly used.

America developed with two separate law enforcement systems.


Law Enforcement in the Cities

The Industrial Revolution brought a flood of people to American cities, often immigrants.

Overcrowded and unhealthy living and working conditions led to fights, brawls, and riots.

Americans resisted the establishment of a public police force.

Plainclothes watchmen did not try to prevent or discover crime.



Municipal Police Forces In 1844, New York City created the first paid, unified police force in the

U.S.

Other cities followed suit, creating their own police departments, often merely an organization of the existing day and night watch.

It was not until after the Civil War that police forces routinely began to wear uniforms, carry nightsticks and even carry firearms.



Tangle of Politics and Policing Until the 1920s in most American cities, local political leaders

maintained complete control over the police force.

The political and police systems in many cities were corrupt.

Jobs, politics, and law enforcement all depended on paying money to the right person.



A Brief History of Blacks in Policing For most of American history blacks who have wanted to be police

officers have faced blatant discrimination and have generally been denied the opportunity.

The first black police officers in the United States were “free men of color.” They were hired around 1805 to serve as members of the New Orleans city

watch system.



A Brief History of Blacks in Policing By 1910, there were fewer than 600 black police officers in the United

States, and most of them were employed in northern cities.

It was not until the 1940s and 1950s that black police officers began to be hired routinely in most northern and southern U.S. cities.


Law Enforcement in the States and on the Frontier

Without large population centers to patrol, law enforcement was more likely to respond to specific situations: Rounding up cattle rustlers

Capturing escaped slaves

The basic structure of police units with

broader responsibilities grew out of this system



Southern Slave Patrols In the South, the earliest form of policing was the plantation slave patrols. The earliest form of policing in the South.

They were a product of the slave codes.

Slave codes prohibited slaves from: holding meetings.

leaving the plantation without permission.

traveling without a pass.

learning to read and write.

Slave patrols often whipped and terrorized slaves.



Frontier Law Enforcement In the American frontier, justice often meant vigilantism.

Self-protection remains very popular in the South and West.



State Police Agencies Growing populations, as well as the inability of some local sheriffs and

constables to control crime, led states to create their own law enforcement agencies.

Texas officially created the Rangers in 1835.

Pennsylvania established the first modern state law enforcement agency in 1905.

By the 1930s, every state had some form of state law enforcement agency.


Professionalism and Reform

Until the late nineteenth century, there were no qualifications required for law enforcement officers.

Cincinnati was the first city to require qualifications of police officers: High moral character

Foot speed


Professionalism and Reform

It was not until the early 20th Century that reformers began advocating training and education for police officers.

Reformers also aimed to remove the police from political influences.


Conflicting Roles

Americans have never been sure what role they want police officers to play.

Police have acted as: peacekeepers

social workers

crime fighters

public servants


Conflicting Roles

In the nineteenth century, police acted as peacekeepers and social service agents, feeding the hungry and housing the homeless.

In the 1920s, police began to focus on crime-fighting.

In the 1960s, the civil rights movement often resulted in violent clashes between police and citizens.


Conflicting Roles

Four blue-ribbon commissions studied the police in the U.S. from 1967 to 1973.

The reports recommended: Careful selection of law enforcement officers.

Extensive and continuous training.

Better management and supervision.


Community Policing

A contemporary approach to policing that actively involves the community in a working partnership to control and reduce crime.

A desire to actually improve neighborhoods led to the modern concept of community policing, which involves: A problem-oriented approach aimed at handling a broad range of

troublesome situations. Greater emphasis on foot patrols. Building a relationship with citizens, so they would be more willing to

help the police.


Compstat

Compstat is an abbreviation for “compare stats” or “computer statistics meetings”

Based on 4 interrelated crime-reduction principles: provide accurate and timely crime data to all levels of the police

organization

choose the most effective strategies for specific problems

implement those strategies by the rapid deployment of personnel and resources

diligently evaluate the results and make adjustments to the strategy if necessary


The Structure of American Law Enforcement

American law enforcement agencies are extremely diverse in: Jurisdictions.

Responsibilities.

Employers (hospitals, colleges, transit authorities may have their own police).


Public Law Enforcement Agencies in the United States


Local Policing and Its Duties

If people know a law enforcement agent at all, it is probably a local police officer, but it is doubtful that even they understand what local police officers in America really do, besides what they see on television and in movies.


Municipal Police Departments

Most police departments in the United States employ fewer than 50 sworn officers.

Most police officers: In 2007, 75% of full-time sworn officers were white; 88% were men;

11.9% were women.


Characteristics of Local Full-Time Police Officers


Local Police Duties

Four categories of local police duties are: 1. Law enforcement—investigating crime and arresting suspects.

2. Order maintenance or peacekeeping—controlling crowds, intervening in domestic disputes.

3. Service—escorting funeral processions, taking people to the hospital.

4. Information gathering—determining neighborhood reactions to a proposed liquor license, investigating a missing child.


Organizational Structure

How a police agency is structured depends on: The size of the agency.

The degree of specialization.

The philosophy the leadership has chosen.

The political context of the department.

The history and preferences of a particular community.


Organizational Structure

Large departments have many specialized departments.

Small departments rarely have specialized departments, or officers trained in complex investigation.

Police departments are usually organized in a military structure.

Some people think a military structure does not fit police work because the work is so varied, and the structure impedes the flow of communication.


The Political Context of Policing

Police departments are part of larger governments. Municipalities generally operate under one of four forms: Strong Mayor-Council

Weak Mayor-Council

City Manager

Commission

Each style of government varies in the amount of control citizens have over their leaders, including the chief of police.


County Law Enforcement

A substantial portion of law enforcement work in the United States is carried out by the Sheriffs’ departments.

In 2007, the nation had 3,012 sheriffs’ departments, employing 346,337 full-time personnel.


Characteristics of Sheriffs’ Personnel, 2007


County Law Enforcement Functions

County sheriff and department personnel perform many functions: Investigating crimes

Supervising sentenced offenders

Enforcing criminal and traffic laws

Serving summons, warrants, and writs

Providing courtroom security

Transporting prisoners

Operating a county jail


Politics and County Law Enforcement

Most sheriffs are directly elected and depend on an elected board of county commissioners or supervisors for funding.

Sheriffs generally have a freer hand in running their agencies than do police chiefs.


State Law Enforcement

State law enforcement agencies provide criminal and traffic law enforcement, and other services particular to the needs of that state government.

In 2007, the 49 primary state law enforcement agencies (Hawaii has no state police agency) had 93,364 employees.



Each state has chosen one of two models for providing law enforcement services: State Police Model: Example: Texas Rangers

Highway Patrol Model: Example: California Highway Patrol


State Police Model Highway Patrol Model

State Police Model: A model of state law enforcement services in which the agency and its

officers have the same law enforcement powers as local police, but can exercise them anywhere within the state.

Highway Patrol Model: A model of state law enforcement services in which officers focus on

highway traffic safety, enforcement of the state’s traffic laws, and the investigation of accidents on the state’s roads, highways, and on state property.



Both state police and highway patrol agencies perform the following services: Help regulate commercial traffic.

Conduct bomb investigations.

Protect the governor and the capitol grounds and buildings.

Administer computerized information networks for the state, which link up with the National Crime Information Center (NCIC) run by the FBI.


Federal Law Enforcement

Among the best-known federal law enforcement agencies are: FBI

U.S. Secret Service

Treasury Department

Drug Enforcement Agency

In 2010, federal agencies employed nationwide about 188,000 full-time personnel authorized to make arrests and carry firearms.


Federal Law Enforcement

Major differences between federal law enforcement and local and state police are: Federal agencies operate across the nation.

Federal agencies usually do not have peacekeeping duties.

Some federal agencies have very narrow jurisdictions.


Training Federal Law Enforcement Officers

The Federal Law Enforcement Training Center (FLETC) is the largest law enforcement-training establishment in the United states.

It provides some or all of the training for a majority of federal law enforcement agencies, as well as for many states, local and international law enforcement agencies.


The Department of Homeland Security

The United States Congress responded to the terrorist attacks of September 11, 2001, by enacting the Homeland Security Act of 2002.

The act established the Department of Homeland Security (DHS).



According to the legislation, this new executive department was created to: Prevent terrorist attacks within the United States.

Reduce the vulnerability of the United States to terrorism.

Minimize the damage, and assist in the recovery, from terrorist attacks that do occur within the United States.

Carry out all functions of entities transferred to the department, including by acting as a focal point regarding natural and manmade crises and emergency planning.



Ensure that the functions of the agencies and subdivisions within the department that are not related directly to securing the homeland are not diminished or neglected except by an explicit act of Congress.

Ensure the overall economic security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland.

Monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such connections, and otherwise contribute to efforts to interdict illegal drug trafficking.



The Department of Homeland Security has five major divisions, or “directorates”: Border and Transportation Security (BTS)

Emergency Preparedness and Response (EPR)

Science and Technology (S&T)

Information Analysis and Infrastructure Protection (IAIP)

Management


Department of Homeland Security Organization Chart



One of the first efforts of DHS was the creation of a color-coded warning system to alert citizens to the likelihood of a terrorist attack.

Through the efforts of the Department of Homeland Security, law enforcement agencies at all levels of government, and vigilant American citizens, acts of terrorism can be prevented in the future.


American Private Security

Private security in the United States is a huge enterprise.

It has been estimated that twice as many people work in private security as in public law enforcement.


American Private Security

Private security employment is often categorized two ways: 1. Contract Security:

Example: security guards hired for a college football game

2. Proprietary Security: Example: the security force for a corporation’s manufacturing plants


Contract Security Proprietary Security

Contract Security: Protective services that a private security firm provides to people, agencies, and companies that do not employ their own security personnel or that need extra protection. Contract security employees are not peace officers.

Proprietary Security: In-house protective services that a security staff, which is not classified as sworn peace officers, provide for the entity that employs them.


Private Security Officers

In 2008, there were 1.1 million private security officers.

A private security officer’s duties vary and depend on the employer’s particular needs.

Private security officers may protect: Office buildings Parking garages Hospitals Schools


Reasons for Growth

A number of factors have stimulated the phenomenal growth of private security since the 1970s: Declining revenues for public policing.

The private nature of crimes in the workplace. Companies can control and hide crimes by employees.

Better control and attention to the problem, particularly within a business.

Fewer constitutional limitations on the actions of private security officers.


Issues Involving Private Security

A number of unresolved problems and issues hamper the private security industry: Legal status and authority derive from the rights of the employer. Private security has few constitutional limitations and can be held civilly

liable.

Public policing in a private capacity. Sworn officers often work for private companies, blurring the lines of

responsibility and liability.


Issues Involving Private Security

Qualifications and training vary widely.

Diminished public responsibility The government may not be living up to its responsibility to provide for

the general welfare.


Private Security's Role in the Fight Against Terrorism

Private security officers are often the first line of defense against terrorism in the United Sates.

They guard government buildings, utilities, schools, courts, corporate headquarters, office complexes, laboratories, and transportation facilities.


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