History and Structure of American Law Enforcement PDF

Chapter 5 History and Structure of American Law Enforcement ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproductio...

Chapter 5 History and Structure of American Law Enforcement ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. The Limited Authority of American Law Enforcement, 1 The United States has more than 18,000 public law enforcement agencies at the federal, state, and local levels of government 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 Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 2 The Limited Authority of American Law Enforcement, 2 Authority of law enforcement agencies is limited by the procedural law derived from U.S. Supreme Court decisions 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 Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 3  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.  The Tithing System 1 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. In larger areas, ten tithings were grouped together to form a hundred, and one or several hundred constituted a shire. The shire was under the direction of the shire reeve. Posses assisted the shire reeve.  The Tithing System 2 Shire reeve: In medieval England, the chief law enforcement officer in a territorial area was called a shire. Known as the sheriff. Posses: Groups of able-bodied citizens of a community, called into service by a sheriff or constable to chase and apprehend offenders.  The Constable-Watch System 1 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. The Statute of Winchester, in 1285, formalized the constable- watch system of protection. One man from each parish was selected to be a constable. Citizens were drafted as (unpaid) watchmen. Male citizens were required to come to the aid of a constable or watchman who called for help.  The Constable-Watch System 2 Two elements of this system made their way to the American colonies. The people were the police. The organization of the protection system was local.  The Bow Street Runners In 1748, Henry Fielding, a London magistrate and author of the novel Tom Jones, founded the first publicly funded detective force in a district of London known as Bow Street Covent Garden. Paved the way for a more professional response to crime.  The London Metropolitan Police 1 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-officer police force. The police became known as bobbies, or peelers, after Robert Peel, the British Home Secretary who had prodded Parliament for their creation.  The London Metropolitan Police 2 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 1 The police must be stable, efficient, and organized along military lines. The police must be under governmental control. The absence of crime will best prove the efficiency of police. The distribution of crime news is essential. The deployment of police strength both by time and area is essential. No quality is more indispensable to a policeman than a perfect command of temper; a quiet, determined manner has more effect than violent action.  Robert Peel’s Principles of Policing 2 Good appearance commands respect. The securing and training of proper persons is at the root of efficiency. Public security demands that every police officer be given a number. Police headquarters should be centrally located and easily accessible to the people. Policemen should be hired on a probationary basis. Police records are necessary to the correct distribution of police strength.  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. In many rural areas, a sheriff and posse system were commonly used. America developed with these 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 police departments. Neither the night watch nor the constables tried to prevent or discover crime.  Municipal Police Forces In 1844, New York City created the first paid, unified police force in the United States Other cities followed suit, creating their own police departments, often merely organizations 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 Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 17  Tangle of Politics and Policing Until the 1920s in most American cities, local political leaders maintained control over the police force. The political and police systems in many cities were corrupt.  A Brief History of Blacks in Policing, 1 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 Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 19  A Brief History of Blacks in Policing, 2 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 southern U.S. cities Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 20 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 Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 21  Southern Slave Patrols, 1 In the South, the earliest form of policing was the plantation slave patrols They have been called “the first distinctively American police system” They were a product of the slave codes, which prohibited slaves from: Holding meetings Leaving the plantation without permission Traveling without a pass Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 22  Southern Slave Patrols, 2 Learning to read and write Carry a firearm Trade or gamble Slave patrols often whipped and terrorized slaves Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 23  Frontier Law Enforcement In the American frontier, justice often meant vigilantism. Self-protection remains very popular in the South and the 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 Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 25  Until the late nineteenth century, there were no qualifications required for law enforcement officers Cincinnati was the first city to Professionalism require qualifications of police and Reform, 1 officers Applicant had to be a person of high moral character and with foot speed Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 26  It was not until the early twentieth century that reformers began advocating training and education for Professionalism police officers and Reform, 2 Reformers also aimed to remove the police from political influences Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 27  Professionalism and Reform: Policewomen From the early 1900s until 1972, when the Equal Employment Opportunity Commission began to assist women police officers in obtaining equal employment status with male officers, policewomen were responsible for protection and crime prevention work with women and juveniles, particularly with girls Not until 1905 in Portland, Oregon did the first woman gain full police power The first uniformed policewoman was hired by the Los Angeles Police Department in 1910 Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 28  Conflicting Roles, 1 Americans have never been sure what role they want police officers to play Police have acted as: Peacekeepers Social workers Crime fighters Public servants Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 29  Conflicting Roles, 2 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 Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 30  Conflicting Roles, 3 In the 1960s, the civil rights movement often resulted in violent clashes between police and citizens Four blue-ribbon commissions studied the police in the United States from 1967 to 1973 The reports recommended: Careful selection of law enforcement officers Extensive and continuous training Better police management and supervision Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 31  Community Policing, 1 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 Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 32  Community Policing, 2 Greater emphasis on foot patrols Building a relationship with citizens so they are more willing to help the police Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 33 Community Policing, 3 Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 34  CompStat 1 “Compare stats” or “computer statistics meetings.” Technological and management system that aims to make the police better organized and more effective crime fighters. Combines innovative crime analysis and geographic information systems; that is, crime mapping, with the latest management principles.  CompStat 2 Based on four 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 first federal law enforcement agency in the United States President George Washington personally selected the first 13 History of Marshals—one for each state Four Federal Law The U.S. Marshals represented the Enforcement federal government’s interests at the Agencies: U.S. local level, and, besides their law Marshals enforcement responsibilities, they Service, 1 performed a variety of non–law enforcement duties needed to keep the central government functioning effectively Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 37  History of Four Federal Law Enforcement Agencies: U.S. Marshals Service, 2 Throughout their more than 220-year history, U.S. Marshals and their deputies have been “general practitioners within the law enforcement community,” capable of responding quickly to new problems Today, their major responsibilities include: Judicial security Fugitive investigations Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 38  History of Four Federal Law Enforcement Agencies: U.S. Marshals Service, 3 Witness security Prisoner services (for example, detaining presentenced federal prisoners) Transporting federal prisoners and criminal aliens Managing and disposing of seized and forfeited property Serving federal court criminal and some civil processes Conducting special operations (e.g., providing security assistance when Minuteman and cruise missiles are moved between military facilities) Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 39  History of Four Federal Law Enforcement Agencies: The Secret Service In 1865, the U.S. Secret Service was created as a branch of the Treasury Department to combat the counterfeiting of U.S. currency Today, the mission of the United States Secret Service is to: Safeguard the nation’s financial infrastructure and payment systems Preserve the integrity of the economy Protect national leaders, visiting heads of state and government, designated sites, and National Special Security Events Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 40  History of Four Federal Law Enforcement Agencies: The Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) was formed during the first decade of the twentieth century In 1924, J. Edgar Hoover, 29, was appointed Director of the Bureau, a position he would hold for the next 48 years The FBI gained increasing influence over local policing in the 1930s, when the Bureau became responsible for the Uniform Crime Reports (UCR) system (1930), established its own crime lab (1932), and founded the National Police Academy (1935) Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 41  Protect Protect the U.S. from terrorist attack Protect the U.S. against foreign intelligence Protect operations and espionage Priorities Protect Protect the U.S. against cyber-based attacks and high-technology crimes of the Combat FBI, 1 Combat public corruption at all levels Protect Protect civil rights Combat transnational/national criminal Combat organizations and enterprises Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 42  Combat Combat major white-collar crime Combat Combat significant violent crime Priorities of the FBI, 2 Support Support partners federal, state, local, and international Upgrade Upgrade technology to successfully perform the FBI’s mission Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 43  President Richard Nixon created the Drug Enforcement Administration (DEA) by History of Four executive order in 1973 Federal Law Enforcement His goal was to establish a single unified Agencies: The command to wage “an all-out global war on the drug menace” Drug Enforcement The federal law that inaugurated Administration, America’s War on Drugs was the Harrison 1 Narcotics Tax Act of 1914 Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 44  Today, the mission of the DEA is: To enforce the controlled substances laws and regulations of the United States and bring to the criminal and civil justice system of the United States, or History of Four any other competent jurisdiction, those Federal Law organizations and principal members of Enforcement organizations, involved in the growing, Agencies: The manufacture, or distribution of Drug controlled substances appearing in or Enforcement destined for illicit traffic in the United Administration, States; and to recommend and support 2 non-enforcement programs aimed at reducing the availability of illicit controlled substances on the domestic and international markets Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 45  In carrying out its mission, the DEA’s primary responsibilities include: Investigation and preparation for the prosecution of major violators of controlled substance laws operating at interstate and international levels History of Four Federal Law Investigation and preparation for Enforcement prosecution of criminals and drug Agencies: The gangs who perpetrate violence in our Drug communities and terrorize citizens Enforcement through fear and intimidation Administration, Management of a national drug 3 intelligence program in cooperation with federal, state, local, and foreign officials to collect, analyze, and disseminate strategic and operational drug intelligence information Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 46  In carrying out its mission, the DEA’s primary responsibilities include: History of Four Seizure and forfeiture of assets Federal Law derived from, traceable to, or intended Enforcement to be used for illicit drug trafficking Agencies: The Drug Enforcement of the provisions of the Controlled Substances Act as they Enforcement pertain to the manufacture, Administration, distribution, and dispensing of legally 4 produced controlled substances Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 47  Coordination and cooperation with History of Four federal, state, and local law enforcement Federal Law officials on mutual drug enforcement Enforcement efforts and enhancement of such efforts Agencies: The through exploitation of potential interstate Drug and international investigations beyond Enforcement local or limited federal jurisdictions and Administration, resources 5 Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 48  In carrying out its mission, the DEA’s primary responsibilities include: Coordination and cooperation with federal, state, and local agencies, and with foreign governments, in History of Four programs designed to reduce the Federal Law availability of illicit abuse-type drugs Enforcement on the United States market through Agencies: The nonenforcement methods such as Drug crop eradication, crop substitution, Enforcement and training of foreign officials Administration, Being responsible, under the policy 6 guidance of the secretary of state and U.S. ambassadors, for all programs associated with drug law enforcement counterparts in foreign countries Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 49 History of Four Federal Law Enforcement Liaison with the United Nations, Interpol, Agencies: The and other organizations on matters relating Drug to international drug control programs Enforcement Administration, 7 Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 50  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) Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 51  Figure 5.1: Public Law Enforcement Agencies in the United States Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 52 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 Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 53 Municipal Police Departments Most police departments in the United States employ fewer than 50 sworn officers Most police officers: In 2016, 71.5% of full-time sworn officers were white; 87.7% were men; 12.3% were women Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 54 Figure 5.3: Characteristics of Local Full-Time Police Officers Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 55  Local Police Duties Four categories of local police duties are: Law enforcement - Investigating crime and arresting suspects Order maintenance or peacekeeping - Controlling crowds, intervening in domestic disputes Service - Escorting funeral processions, taking people to the hospital Information gathering - Determining neighborhood reactions to a proposed liquor license, investigating a missing child case Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 56  County Law Enforcement A substantial portion of law enforcement work in the United States is carried out by sheriffs’ departments In 2016, the nation had 3,063 sheriffs’ departments, employing 359,843 full-time personnel, of which about 50% were sworn peace officers Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 57  Figure 5.6: Characteristics of Sheriffs’ Personnel Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 58 County Law Enforcement Functions, 1 County sheriff and department personnel perform many functions: Investigating crimes Supervising sentenced offenders Enforcing criminal and traffic laws Serving summons, warrants, and writs Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 59 County Law Enforcement Functions, 2 Providing courtroom security Transporting prisoners Operating a county jail Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 60  State law enforcement agencies provide criminal and traffic law enforcement, and other services particular to the needs of that state State Law government Enforcement, 1 In 2016, the 50 primary state law enforcement agencies had 91,097 employees, of which about two-thirds were full-time sworn officers Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 61  Each state has chosen one of three models for providing law enforcement services: State police model State Law Example: Texas Rangers Enforcement, Highway patrol model 2 Example: California Highway Patrol Department of public safety model Example: Alabama Department of Public Safety Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 62  State Police Model and Highway Patrol Model, 1 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 property Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 63  State Police Model and Highway Patrol Model, 2 Both 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 Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 64  Department of Public Safety Model Departments of Public Safety (DPS) are often complex organizations composed of several agencies or divisions. For example, the Alabama Department of Public Safety is composed of six divisions: Administrative, bureau of investigation, driver license, highway patrol, service, and special projects. The administrative division is responsible for financial services, inspections, legal, personnel, public information, recruiting, capitol police, and dignitary protection. The service division is charged with managing and maintaining the DPS facilities and infrastructure, supporting the mechanized fleet, communications, supply, aviation, and photographic services. The duties of the other divisions should be self-explanatory. Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 65  Federal Law Enforcement, 1 Among the best-known federal law enforcement agencies are: FBI U.S. Secret Service Drug Enforcement Agency In 2018, more than 70 federal agencies employed about 163,000 full-time personnel. Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 66  Federal Law Enforcement, 2 Major differences between federal law enforcement and local and state police are: Federal agencies operate across the nation and abroad Federal agencies usually do not have peacekeeping or order maintenance duties Some federal agencies have very narrow jurisdictions Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 67 The Department of Homeland Security The U.S. 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) Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 68 The Department of Homeland Security, 1 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 Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 69  Ensure that the functions of the agencies and subdivisions within the department that are not related Ensure directly to securing the homeland are not diminished or neglected except by an explicit act of Congress The Department Ensure that the overall economic security of the United of Ensure States is not diminished by efforts, activities, and programs aimed at securing the homeland Homeland Security, 2 Monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such connections, Monitor and otherwise contribute to efforts to interdict illegal drug trafficking Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display. 70