Summary

This document provides an overview of law enforcement, particularly in the context of terrorism. It discusses various aspects of social control and the use of force by law enforcement agencies, and addresses legislation and linkage blindness in the context of the September 11 attacks.

Full Transcript

CHAPTER 1: Introduction Overview "Following the cataclysmic events of September 11, many people asked themselves, ‘How did this happen?’” "Despite incidents such as the 1995 bombing of the Murrah Federal Building in Oklahoma City, most Americans have viewed terrorism a...

CHAPTER 1: Introduction Overview "Following the cataclysmic events of September 11, many people asked themselves, ‘How did this happen?’” "Despite incidents such as the 1995 bombing of the Murrah Federal Building in Oklahoma City, most Americans have viewed terrorism as a problem somewhere else." "Americans have generally disapproved of extensive domestic efforts that intrude on their day- to-day activities." "Prior to the attacks on the World Trade Center and Pentagon, neither the average American citizen nor the government was particularly concerned with the prospect of international terrorism on US soil." However, in the wake of the destruction of September 11, Americans are now faced with a sense of insecurity and vulnerability that will have an impact on the delicate balance the country has always known between order and individual freedoms. Federal legislations, particularly the USA PATRIOT Act of 2001, the Homeland Security Act of 2002, the USA PATRIOT Improvement and Reauthorization Act of 2005, the PATRIOT Sunsets Extension Act of 2011, and the USA Freedom Act of 2015, have formally acknowledged this shift by significantly widening the investigative authority of law enforcement agencies across the country. Legislation and Linkage Blindness "Post-9/11, legislation such as the USA PATRIOT Act of 2001, the Homeland Security Act of 2002, and subsequent acts have expanded the investigative authority of law enforcement agencies." "Despite inquiries at various government levels, experts argue that no single agency could be blamed for failing to anticipate the September 11 attacks due to the complexity and overlapping jurisdictions within intelligence and law enforcement communities." "The inability to analyze and link critical information across (or even within) an agency is called linkage blindness." "The Homeland Security Act and the reauthorization of the USA PATRIOT Act were responses to improve information sharing and coordination among various agencies." Local Law Enforcement and Terrorism " The September 11 attacks offered evidence that, even with a threat of transnational origins, the front-line responders are local law enforcement and fire departments” "Events like the Boston Marathon bombings and San Bernardino shootings underscored that local police are often the first responders to terror incidents." " The threat of the radicalized lone wolf capable of causing serious harm is also a new reality and concern of the local law enforcement agency from the standpoint of early detection and prevention. The Police Function: Social Control and the Use of Force Most people are relatively familiar with the general operations of the three major components of the criminal justice process—police, courts, and corrections—as well as the important roles of federal and state governments in creating and modifying laws through the legislative process Social Control and Policing "Informal social control refers to the influences of parents, families, peers, and the community in training individuals about the norms, rules, and customs of a locality in an attempt to compel conformity (the process by which they do so is called socialization)." If an act of deviance occurs and a law is broken, as in the case of murder, it is the responsibility of formal social control agents, such as law enforcement officers, to enforce the law. Most people are relatively familiar with the general operations of the three major components of the criminal justice process—police, courts, and corrections—as well as the important roles of federal and state governments in creating and modifying laws through the legislative process Use of Force "Many criminal justice practitioners and scholars have argued that the use of force is the principal way in which order is achieved in society." "According to Manning (1977) Policing involves controlling, monitoring, tracking, and altering public conduct, with the potential to use force being central to the concept of policing." To Klockars (1985), the potential to use force is core to the concept of policing. Egon Bittner’s (1980) classic work argues that it is the fact that the police are authorized to use force in a number of social situations in response to a variety of social problems that forms the basis of our interactions with police. "Because the police cannot possibly be omnipresent, punishing all deviations from the law, there must also be a commitment and willingness on the part of the majority of citizens to respect the laws and institutions of society." Without this culture of lawfulness, law enforcement would be inundated and unable to carry out its functions effectively (Godson 2000). Legitimacy and Discretion "When the government is seen as operating fairly and justly by the majority of citizens, it is said to have legitimacy." "Building police legitimacy involves transparency and accountability." "Discretion in law enforcement allows officers to make decisions based on judgment rather than rigid rules." "The exercise of discretion must align with the rule of law to ensure fairness and justice." Policing Within the Rule of Law: The Challenges of Discretion "Agents at every level of the criminal justice system have a significant level of individual discretion, particularly law enforcement officers." "Agents have discretion when they have the freedom to make decisions—legal or otherwise— based on their own judgment and they are not bound by formal, inflexible rules." "It was in the 1950s, when the American Bar Foundation (ABF) conducted the first field observations of police work, that the central role of discretion in law enforcement was first “discovered” (Walker 1992)." "Officers do not receive “official” training on how to use discretion, but legal factors provide a guide in some instances." "Discretion exists to ensure that agents within the criminal justice system are free to respond to the particular circumstances and challenges presented by each new case and each new crime." "The police are not monitored 24 hours a day or required to justify themselves every time they stop someone on the street or in their car." "There is a danger that agents within the criminal justice system may make decisions that are not in full accordance with the law or that infringe upon the rights of suspects, offenders, or prisoners." How can we be sure, then, that two individuals who committed similar crimes would not be treated differently by separate officers or because of extra-legal factors (factors outside of the legal parameters of an offense), such as differences in skin color or socioeconomic status? "Discretion can be the result of numerous community, organizational, and individual influences outside of the formal legal codes, a subject we will return to in Chapter 5." " Although there is no way to ensure that discretion is exercised fairly in every case, Principal decisions made by individuals within the criminal justice system are meant to be governed by a set of ideals known as the rule of law." "The rule of law means that (National Strategy Information Center 1999): All people in society have the opportunity to participate in establishing the law; The rules apply equally to everyone; and The rules protect individuals as well as society." The rule of law was developed in an effort to constrain kings and rulers who regarded themselves as above the law. "Regardless of their position or responsibilities, all agents within the criminal justice system are bound by the rule of law, and they are required to exercise their discretion according to the limits it prescribes." "In practice not every decision meets the high standards required by the rule of law." The Delicate Balance: Crime Control Versus Due Process Crime Control vs. Due Process " Although the “delicate balance” between public safety and individual freedoms has always been a struggle for law enforcement, these issues are particularly salient in the post–September 11 climate. One of the most influential frameworks for explaining the differing views and values of justice has been the crime control/due process model first expounded upon by the sociologist Herbert Packer in the 1960s. According to Packer (1968), agents within the criminal justice system can be broadly divided into two camps depending on the strength of their support for either strong law enforcement or protection of civil liberties. " For those who see the criminal justice system in terms of crime control, the overriding aim is to ensure that suspects are processed as quickly and efficiently as possible." Typically, advocates of this approach emphasize the importance of attempting to distinguish between the innocent and the guilty at the pre-charge stage. In contrast, supporters of a due process approach argue that the criminal justice system must strive to protect the rights of the innocent and ensure that only the guilty are punished "The due process model prioritizes protecting individual rights and ensuring only the guilty are punished." Advocates of this model favor considerable restrictions being placed on the police, are suspicious of informal processes, and view the criminal trial as the most reliable method of determining guilt. During the 1960s, the civil rights movement helped to increase public awareness of individual rights and placed considerable pressure on the criminal justice system to expand basic due process protections. The Court also addressed due process concerns in the landmark case of Gideon v. Wainwright (1963),6 which extended the right to counsel to indigent individuals who would otherwise have been unable to exercise their Sixth Amendment rights. As crime rates began to rise through the 1970s and 1980s, however, there was a gradual but significant shift toward an emphasis on crime control. Although the largest increase in crime was for the possession and sale of drugs, the rate of serious violent crime—including murder, rape, and robbery—also increased dramatically during this period. Throughout the 1990s, the crime control model continued to dominate policymaking in the United States. Mandatory sentencing for repeat offenders, zero-tolerance policing, and the gradual lowering of the age of criminal responsibility for juveniles all grew from a desire to make the criminal justice system more efficient and effective Levels of Law Enforcement The current system of law enforcement in the United States is as complex as it is varied, in many ways reflecting the tensions between the crime control and due process models Representing the largest segment of the criminal justice system, with over one million employees, contemporary law enforcement agencies operate on a variety of levels within local, state, and federal jurisdictions, or areas of responsibility. Each level of law enforcement has its own jurisdiction. Municipal Agencies "Municipal police departments represent the largest segment of law enforcement in the U.S." Most departments have a small number of officers who have jurisdiction over largely rural or suburban landscapes. "Large local law enforcement agencies often are responsible for investigating serious violent and property crimes in their jurisdictions." As a result, the average tenure of most police chiefs is only three to six years (Swanson et al. 2001). Although for the most part similar in nature to municipal police departments, township police departments can vary greatly with regard to law enforcement powers and authority. Well County Agencies Although the primary agency at the county level is the sheriff’s office, with 3,061 sheriff’s departments across the country (Bureau of Justice Statistics 2006b), in some jurisdictions this office is dissolved into a county police force that functions much the same as municipal police. In some jurisdictions, the sheriff’s office is entirely law enforcement focused, with no other responsibilities, whereas in others the principal responsibilities involve carrying out court orders and summons or operating the county jail. In all but two states, sheriffs are elected for a two- to four-year term. Because they are elected, sheriffs often have a degree of freedom from local city and county officials, unlike the relationship between the police chief and mayor or city manager in many large cities In some jurisdictions, there are county-level courts that maintain limited jurisdiction as described by statute in civil matters, such as the performance of marriages and hearings for minor criminal offenses. Referred to as Justice’s courts, they are under the responsibility of justices of the peace, or magistrates of lesser rank than in the higher courts. State Agencies "The first state to establish a police agency was Texas in 1835, with the creation of the Texas Rangers." The state agency in Pennsylvania is credited with being a model agency for other states, and is viewed as the archetype of modern policing when it was created in 1905. In addition to the state police, some states have established a Highway Patrol with jurisdiction over traffic laws on interstate roads. Hawaii is the only state without a state law enforcement agency. Traditionally, state agencies have focused on traffic enforcement on state highways. More recently, agencies have expanded the scope of their law enforcement activities to include patrol, traffic, general policing, criminal investigations, technical services, emergency management, and antiterrorism efforts Federal Agencies The first federal agency established by the U.S. government was the U.S. Marshall Service, which was founded in 1789. Prior to September 11, two federal departments were most involved in law enforcement: the Department of Justice (DOJ) and the Department of the Treasury. Presently, the DHS and the DOJ are the two most important federal departments involved with law enforcement. However, other federal departments (e.g., the Food and Drug Administration) have certain law enforcement functions within their mandates. "Federal agencies like the FBI, DEA, and ATF enforce federal laws and assist local agencies in investigations." "The Department of Homeland Security coordinates intelligence and law enforcement resources to combat terrorism." Department of Justice (DOJ) "The Department of Justice was established in June 1870 and is headed by the attorney general (AG) of the United States." "The AG is appointed by the president and oversees legal matters involving the U.S. government." "The primary responsibilities of the agency are enforcing U.S. law; protecting citizens against criminals; ensuring healthy competition among business; safeguarding consumers; enforcing drug, immigration, and naturalization laws; and protecting citizens through effective law enforcement (U.S. Department of Justice 2015)." U.S. Marshal Service (USMS) "The passage of the Judiciary Act in Congress in 1789 established the first formal law enforcement agency under the federal government, the office of the United States Marshal." "The current structure of the U.S. Marshal Service (USMS) was established in 1969." "The USMS has a variety of duties, including protection of the federal judiciary, operation of the Witness Security Program, seizure of property acquired by criminals through illegal activities, the execution of warrants for the federal courts, and the handling of federal suspects and prisoners (i.e., transporting them, arresting fugitives)." Federal Bureau of Investigation (FBI) "The Federal Bureau of Investigation (FBI) is the main investigative agency in the federal government." "The principal responsibility of the FBI is to investigate violations of federal criminal law and to assist local agencies in investigations." Joint Terrorism Task Forces (JTTFs) were established in FBI field offices prior to 2001. In addition to its investigative responsibilities, the FBI also has responsibility for publishing the Uniform Crime Reports (UCRs) the Law Enforcement Bulletin. It is also responsible for conducting personnel investigations (background checks) for those applying for employment within the DOJ and other government agencies, as requested. "The FBI has developed training programs for law enforcement personnel at the local, state, federal, and international levels in order to assist others in the development of new approaches and law enforcement techniques." Drug Enforcement Administration (DEA) In an attempt to control the supply of dangerous drugs, the Harrison Narcotics Act was passed in 1917 it was established as a tax law, and as such fell under the responsibility of the Department of the Treasury. In 1930, the Treasury Department created the Bureau of Narcotics, which was reorganized in 1968 to become the Bureau of Narcotics and Dangerous Drugs under the DOJ. "The Drug Enforcement Administration (DEA) as we know it today was created in 1973." "The primary responsibility of the DEA is to investigate and prepare evidence for the prosecution of major violators of controlled substances laws both domestically and internationally." "It has the authority to use nonenforcement methods of drug elimination, such as crop eradication, and it also has the authority to seize assets that are in any way related to drug trafficking." U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) "The U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is primarily concerned with the licensing, investigation, and control of these three commodities, as well as explosives." "On January 24, 2003, the agency was moved into DOJ as a result of the Homeland Security Act of 2002." "The ATF works closely with the FBI in federal investigations requiring both areas of expertise." A well-known case that came to the attention of the public was the involvement of the two agencies with David Koresh’s Branch Davidian cult in Waco, Texas. It was the ATF that was originally called to the Koresh compound, beginning the standoff that led to the death of 71 individuals. Department of Homeland Security (DHS) "On July 26, 2002, the U.S. Congress approved the creation of the Department of Homeland Security (DHS) in the largest government reorganization of federal agencies in 50 years (Firestone 2002)." "DHS assumed many of the law enforcement functions previously performed by the Department of the Treasury and other federal agencies." "DHS’s 22 domestic agencies employ about 230,000 people, making it one of the largest federal departments." Immigration and Customs Enforcement (ICE) "The Department of Homeland Security reorganization effort transferred the U.S. Customs Service functions from the Department of the Treasury and the former Immigration and Naturalization Service’s enforcement functions from the Department of Justice to the newly created Immigration and Customs Enforcement (ICE) agency." This agency is the largest investigative branch of the DHS. "ICE is responsible for enforcing immigration and customs laws and protecting the United States from terrorist activity." "The ICE’s Law Enforcement Support Center (LESC) assists in the provision of information and assistance to federal, state, and local law enforcement." U.S. Customs and Border Protection (CBP) "U.S. Customs and Border Protection (CBP) is a combination and unification of the former U.S. Customs Bureau, functions of the U.S. Immigration and Naturalization services, the Animal and Plant Health Inspection Service, and the U.S. Border Patrol." "The agency guards over 7,000 miles of land border that the U.S. shares with Canada and Mexico as well as 2,000 miles of coastal waters around California and Florida (CBP 2007a)." "The core functions of CBP include border security, travel and trade facilitation, and antiterrorism efforts (CBP 2010)." Transportation Security Administration (TSA) "The Transportation Security Administration (TSA) was transferred to DHS from the Department of Transportation, where it was placed after its creation in September of 2001." "The TSA is responsible for the security of all modes of U.S. transportation." "The primary law enforcement entity within the TSA is the Federal Air Marshal (FAM) Service." U.S. Secret Service "The U.S. Secret Service was transferred to the DHS from the Department of the Treasury on March 1, 2003." "Although the Secret Service was originally established to suppress counterfeit currency, by 1901 its duties were modified to include protecting the president, the vice president, and the families of each." Presidents who were elected into office prior to January 1, 1997, receive lifetime protection from the Secret Service; however, those elected after this time will receive Secret Service protection for ten years. "The Secret Service is also responsible for the investigation of all access device fraud, financial institution fraud, identity theft, computer fraud, and computer-based crimes involving the U.S. financial, banking, and telecommunications infrastructure (Secret Service 2001)." Federal Law Enforcement Training Center (FLETC) "The FLETC is an interagency law enforcement training organization, serving over 80 different federal agencies." "Under the direction of DHS, the FLETC trains federal officers from the Department of Justice and the DHS." "It trains personnel from the following agencies: ATF, FBI, U.S. Marshals, U.S. Border Patrol, U.S. Coast Guard, U.S. Immigration and Customs Enforcement, and the U.S. Secret Service." Additional Programs Under DHS "The Joint Regional Information Exchange System (JRIES) enables the exchange of law enforcement information over the Internet." "The Office of State and Local Government Coordination (SLGC) facilitates and coordinates DHS programs with state, local, and tribal governments." "The DHS’s Commercial Equipment Direct Assistance Program (CEDAP) provides funding to first responders (law enforcement, fire departments, emergency medical service, emergency management, and public safety agencies) in smaller jurisdictions in the United States for equipment and training to protect their communities in the event of an emergency." Department of the Treasury "The Treasury Department has traditionally had several important law enforcement functions, most of which have now been transferred to the DHS or DOJ." "Now, the primary law enforcement agency of importance within the Department of the Treasury is the Internal Revenue Service (IRS)." "The IRS’s Criminal Investigation division is responsible for, among other things, enforcing tax laws and identifying money-laundering individuals and organizations." U.S. Postal Service (USPS) "The approximately 1,500 postal inspectors stationed throughout the United States are responsible for the enforcement of over 200 federal laws affecting the U.S. mail and postal system (USPS 2010)." "Postal inspectors are law enforcement officers; they can carry firearms, make arrests, and serve federal search warrants and subpoenas (USPS 2010)." "Some examples of laws under Postal Service enforcement jurisdiction include: Assaults or robberies of postal service employees Bombs Distribution of child pornography Distribution of controlled substances Money order crimes Theft of mail Identity fraud" Tribal Agencies "Tribal police agencies operate within Native American reservations, facing unique challenges such as higher crime rates and jurisdictional complexities." Transit Police Agencies "Transit police agencies serve transportation-related jurisdictions, ensuring security in mass- transit systems, airports, and ports."

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