The POLICE Gatekeepers to the CJ system HIGH VISIBILITY

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Presentation transcript:

The POLICE Gatekeepers to the CJ system HIGH VISIBILITY HIGH DISCRETION Tension between wanting “effective” police and respecting individual freedom

Precursors to Modern Police England (prior to Norman Conquest) Pledge system Hundreds “constable” Shires  “shire reeve” Changes in the 13th Century Night Watchmen Justice of Peace

Early American Law Enforcement Followed the English Model County Sheriff most prominent Many duties Paid by a “fee system” In larger cities Night Watchmen Town Marshal

The Birth of Modern Policing England, 1829 Sir Robert PeelLondon Police force of 1,000 officers Distinctive uniforms, military structure Led by a “commissioner”

Early American Police Departments Development of police agencies prompted by mob violence. Gentry feared restlessness of the underclass. Fear of urban street crime produced demands for greater police protection. First Police Department opened in Boston in 1838

Early American Police Departments Police were incompetent, disliked and corrupt. Primary functions were to: serve as enforcement powers for reigning political powers protect private property control the rising number of foreign immigrants

20th Century American Policing Major movements in policing: Public concern about police corruption led to reform efforts August Vollmer Technological advancements telegraph boxes, motorcycles and police cars

Current Law Enforcement—The “FEDS” The FBI The Mann Actinvestigators to enforce Eventually, organized as FBI under Hoover Responsible for investigating all violations of federal laws that are not covered by other agencies Bank Robberies Civil Rights Violations

Other Federal Law Enforcement The Drug Enforcement Administration Result of Harrison Act U.S. Marshals INS ATF Secret Service

Between Federal and Municipal County Law Enforcement Sheriffs Office Responsible for policing non-city areas State Police Every state but Hawaii Power/function depends upon strength of Sheriff

Metropolitan (city) police Large variation in size New York City = 36,000 officers Average city = 50 or fewer officers Police Departments are typically their own political entity BUT, chief is appointed by mayor

Functions of the Police PATROL Since beginning, police have “patrolled a beat” Purpose is to DETER crime KC Preventative Patrol Directed Patrols or Saturation Patrols Investigation Proactive vs. Reactive Effectiveness?

Functions of the Police Patrol Investigation Administration/Paper work “Social Work” activities

Investigation Another example of the “wedding cake?” Most Critical = information at crime scene Bulk of time is spent on reports Clearance Rate

The “Other” police functions Traffic Control “Social Work Activities” Order maintenance, problem solving James Q Wilson “Handling the Situation” THE IRONY is that within police departments, the social work function is often considered “bullshit work”

The Role of Police What Should Police be Doing? Traditional Legalistic Model Patrol and respond to calls Viewed as “real police work” The latest reform = “community oriented policing”

The Theory of Community Oriented Policing Wilson and Kelling The “Broken Windows Thesis” Implication of “broken windows for policing?” The goal of policing should be to help maintain communities and solve community problems Take care of “little stuff” (order maintenance) Improve community communication/input

Implementing COP Programs The Practice of COP Team Policing Foot Patrols Community “Sub-stations” COP Officers Assigned to Neighborhoods “Order Maintenance” Programs

Problem Oriented Policing Herman Goldstein coined this term. Similar to C.O.P.Police should “solve problems” in a particular neighborhood. Example: NYC Domestic Violence Program Crime Specific “Crackdowns” Targeting Crime “Hot spots”

Effectiveness of C.O.P. or Problem Orientated Policing Effectiveness Sketchy at Best Some C.O.P. programs have improved community relations and reduced fear of crime. Some Problem Oriented Policing programs have suppressed/reduced crime in certain locations. Order Maintenance crackdowns have strained community-police relations in some areas.

Police and the Rule of Law Procedural Laws in Policing Miranda rights Search and Seizure Police Use of Force

Search and Seizure In order to search people, cars, or homes, police generally need a warrant Exceptions Incident to Arrest “Stop and Frisk” Automobile Search Consent Search “Plain View”

Police Use of Force Coercive Force is a Part of Policing How much force is necessary in a situation? Most “use of force” is non-lethal The use of Deadly Force Tennessee v. Garner (1985) “Fleeing Felon”

The “Police personality”? The Stereotype = cynnical, racist, conservative, hostile Empirical Evidence not Clear Explaining the “police personality” Individual traits (selection effect) Police Subculture

Police Discretion What factors influence decision to arrest? Community Level Factors Departmental Factors Situational Factors Legal Factors “Extra-Legal” Factors (Race, Class, Demeanor) Van Mannen “The Asshole”