Understanding the Criminal Justice System CJUS 101 Chapter 5: Police and Policing

1. Police in America - largest / most visible - enforce laws / keep the peace - investigators / traffic enforcers - social services a. “Thin blue line” - 90% = non-criminal - 90% = non-criminal - reporting / patrol / public relations - reporting / patrol / public relations (1) History of policing (1) History of policing - 9 th century

- Alfred the Great - preparing for war - civil policing - mutual pledge - 10’s / 100’s (a) Constable - reported to “Reeve” - in charge of “Shire” - Reeve of the Shire - Shire’s Reeve - sheriff

(b) 17 th century England - people were the police - “hue and cry” - start = paid policing - “thief takers” (2) London police - beginning of modern policing - horse patrol - river police (a) Sir Robert Peel

- Metropolitan Police – City of London Police (b) First professional departments - uniforms / badges / name tags - training b. Colonial America - followed English tradition - large criminal population (1) Movement west

- constables = eastern states - sheriff = southern states - sheriff / marshal = western territories (a) Sheriff - first elected enforcement officer - county wide office (b) Marshal - policed towns - enforcement in town limits - town ordinances

(2) Law of the gun - vigilante justice (a) Posse comitatus - all able bodied men - rode with sheriff / marshal (b) Texas Rangers – first territorial police - first state police (c) Arizona Rangers

- second state police (d) US Marshal - federal court officer - served civil papers - transported federal prisoners - tracked wanted federal felons c. Modern police agencies - over 50,000 federal / state / local (1) Federal

- enforce federal laws - assist state / local police (a) Department of Justice - FBI / DEA / INS / US Marshal - ATF / White House Police (b) Department of Homeland Security - Secret Service / Customs - Border Patrol / Coast Guard - Immigration Service - Transportation Security Admin.

(c) Department of the Treasury - IRS (d) US Postal Service - postal inspectors (e) Department of Agriculture - National Park Police - US Fisheries - US Wildlife (2) State

- independent state agencies (a) Pennsylvania State Constabulary - first modern police force – 1905 (b) Function under different names - Washington State Patrol - Oregon State Police - California Highway Patrol - Arizona Department of Public Safety Safety - various functions / activities

(c) Washington state - state patrol - liquor control - gambling commission - wildlife - park rangers - public lands - attorney general (d) Several miscellaneous agencies - parole officers - internal investigators

(3) County / municipal law enforcement - county sheriff - city police (a) Sheriff - chief law enforcement officer - sheriff / coroner / tax collector - criminal function / civil function - county corrections (b) Police - city agency

- patrol / traffic / investigations - city jail (corrections) (c) Mutual aid agreements - cooperation of agencies - cities / surrounding counties (4) Private police - stores / business security / banks - private patrol of neighborhoods - Pinkerton = private eye - Wells Fargo = stage coach

(5) Auxiliary police - reserve police officers = sworn - volunteers in policing (VIP’s) (6) American vigilante - extralegal actions - lynch mobs / Guardian Angels - neighborhood patrols d. Police agencies in Washington state city police - 39 county sheriff departments

- 6 university / college police agencies - 24 tribal police - 8 state police 2. Enforcing the law and keeping the peace - enforcer / protector / investigator / mediator - social worker / psychologist / attorney - peace keeper / minister a. Primary function - keep the peace - keep the peace - law enforcement / traffic enforcement - law enforcement / traffic enforcement

(1) Peacekeepers - keep people moving - intervene = verbal disputes - breakup unlawful gatherings (2) Obligation / responsibility - key factor - separates citizen from police (a) Police = obligation - intervene when necessary - take action when required

(b) Police = responsibility - must protect - must take action b. How do police protect? - words / actions / force / weapons (1) Use of force - minimal force / necessary force - policy manual / state – federal laws - continuum of force - levels that are used

(1) Level I (a) Physical presence - just being there (b) Words / commands - verbal direction - telling people what to do (c) Touching / out muscling - moving apart - separating people

(2) Level II (a) Hair / hand holds (b) Irritant spray - pepper spray (3) Level III (a) Baton - use of the nightstick - reasonable / necessary

(b) Stun gun - taser - electric shock (c) Firearm - deadly force - last resort (2) Training received - firearms = handgun / shotgun / automatic rifle automatic rifle - defensive tactics

- pepper spray b. Police organization - quasi-military function - structure similar to military - uniforms / titles / insignias (1) Bureaucracy - division of labor - chain of command (a) Rules / regulations to follow

- disciplinary procedures (b) Enforcing rules - difficult - alone in vehicle - radio to contact (2) Functions of policing (a) Patrol services - response to calls - process of observation

(b) Traffic enforcement services - citations for infractions - arrests for criminal traffic - accident investigation - school patrol (c) Investigative services (detectives) - investigation of crimes - specialists = specific crimes - generalists = all crimes (d) Administrative services

- training program - planning unit - school resources (DARE / SRO) - internal investigations (e) Support services - communications (department) - records: reports / photos / prints - property room / evidence room - city jail (f) Specialized services

- drug enforcement (task force) - crime lab (Washington = state) - Special Weapons and Tactics - bicycle patrol - undercover operations (3) Police assimilation - hiring policies - requirements - acceptance (4) Police discretion

- most important - action taken = left to officer - law / policy guides (5) Training - firearms - defensive skills - civil rights / protections (6) Police subculture - cohesive group - socialize / dependent

- “police personality” (7) Police cynicism - distrustful of people - motivated by evil / selfishness - on / off the job c. Operational styles - develop own style of policing (1) Enforcer - after everybody

- maintains order - no breaks given - longs for the “good old days” - becomes cynical (2) Idealist - does the job required - insures due process - treats people fairly - protects their rights - starts out virtuous - becomes cynical

(3) Realist - does the job / nothing more - does not take the job home - looks at it as only a job - becomes cynical (4) Optimist - looks for good in everything - people oriented - becomes less cynical d. Doctrine of Sovereign Immunity

- states could not be sued without consent (1) Police protected - no lawsuits filed against government - could only sue officer (2) Overturned = US Supreme Court - necessary / reasonable force - justifiable acts - governments can now be sued