chapter 5: history and structure of american law enforcement
TRANSCRIPT
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Introduction to Criminal Justice
Chapter 5: History and Structure of American Law Enforcement
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U.S. has more than 15,7000 public LE agencies
Jurisdiction of each agency is limited◦ Jurisdiction: the right or authority of a justice
agency to act in regard to a particular subject matter, territory, or person
LE enforcement is also limited by procedural law derived from U.S. Supreme Court decisions
Limited Authority of American LE
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Tithing System: a group of 10 families agreed to follow the law, keep the peace in their areas, and bring law violators to justice
In larger areas, 10 tithings grouped together to a hundred
One or several hundreds constitute a shire, under the direction of the shire reeve
English Roots
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Constable-Watch System◦ Statute of Winchester, in 1285, formalized
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
2 elements made their way to the colonies◦ The people were the police◦ The organization of the protection system was
local
English Roots
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Bow Street Runners◦ Henry Fielding◦ Paved way for more professional response to
crime London Metropolitan Police
◦ Robert Peel◦ Organized according to military rank and
structure◦ Under command of two magistrates◦ Main function to prevent crime by preventive
patrol
English Roots
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Peel’s Principles of Policing
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Settlers brought with them the constable-watch system
LE in the Cities◦ Industrial Revolution◦ Overcrowded & unhealthy living and working
conditions◦ Americans resisted established of public police
force◦ Plainclothes watchman did not try to prevent or
discover crime
Early American LE
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Municipal Police Forces◦ In 1844, New York City created the first paid,
unified police force in the U.S.◦ 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
LE in the Cities
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Brief History of Blacks in Policing◦ “free men of color”◦ Hired around 1805 to serve as members of the
New Orleans city watch system◦ By 1910, fewer than 600 black police officers in
the U.S.
LE in the Cities
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Southern Slave Patrols Frontier LE often meant vigilantism State Police Agencies
◦ Texas Rangers, 1835◦ Pennsylvania established first modern state LE
agency in 1905◦ By 1930s, every state had some form of state LE
agency
LE in the States and on the Frontier
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Introduction to Criminal Justice
Chapter 5: History and Structure of American Law Enforcement
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Until late 19th century, there were no qualifications required for LEO
Cincinnati was the first to require qualification of police officers:◦ High moral character◦ Foot speed
Was not until early 20th Century that reformers began advocating training and education for police officers
Professionalism and Reform
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Police have acted as:◦ Peacekeepers◦ Social workers◦ Crime fighters◦ Public servants
Conflicting Roles
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Contemporary approach to policing that actively involves the community in a working partnership to control and reduce crime◦ A problem-oriented approach◦ Greater emphasis on foot patrols◦ Building a relationship with citizens
Community Policing
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American LE agencies are extremely diverse in:◦ Jurisdictions◦ Responsibilities◦ Employers
Structure of American LE
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Introduction to Criminal Justice
Chapter 5: History and Structure of American Law Enforcement
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Law enforcement Order maintenance or peacekeeping Service Information gathering
Local Police Duties
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How an 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
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Large departments have many specialized departments
Small departments rarely have specialized departments
Police departments are usually organized in a military structure
Organizational Structure
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Investigating crimes Supervising sentenced offenders Enforcing criminal and traffic laws Serving summons, warrants, and writs Providing courtroom security Transporting prisoners Operating a county jail
County LE
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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
Politics and County LE
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Provide criminal and traffic law enforcement, and other services particular to the needs of that state government
Two models:◦ State Police Model◦ Highway Patrol Model
State LE
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Both state police and highway patrol agencies:◦ Help regulate commercial traffic◦ Conduct bomb investigations◦ Protect the governor and capital grounds/building◦ Administer computerized information networks for
the state
State LE
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FBI, Secret Service, Treasury Department, etc.
Major differences between federal LE and state/local police:◦ Federal agencies operate across the nation◦ Federal agencies usually do not have
peacekeeping duties◦ Some federal agencies have very narrow
jurisdictions
Federal LE
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Prevent terrorist attacks within the US Reduce the vulnerability of the US to
terrorism Minimize the damage, and assist in the
recovery, from terrorist attacks in the US Carry out all functions of entities transferred
to the department
Department of Homeland Security
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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.
Department of Homeland Security
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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
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Estimated that twice as many people work in private security as in public LE
Private security employment is often categorized in two ways:◦ Contract Security ◦ Proprietary Security
American Private Security
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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.
Reasons for Growth
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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
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Qualifications and training vary widely. Diminished public responsibility
◦ The government may not be living up to its responsibility to provide for the general welfare.
Issues Involving Private Security