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Week 2 Law Enforcement in U.S. Topic 1: History and Structure
Lecture Notes prepared by Dr. M. Cintron using textbooks similar to those recommended on the syllabus Week 2 Law Enforcement in U.S. Topic 1: History and Structure
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Week 2: Law Enforcement Introduction
As stated on syllabus make sure you consult any undergraduate Introduction to Criminal Justice textbook to clarify the power point notes presented this week. Of course, if you have doubts or need clarification you should send me an with your questions. This week the course will focus on the first stage of the criminal justice process: policing and police decision making. We will cover three topics: The 1st topic we will cover a brief history and organization, structure and management. The 2nd topic covers the control of policing including discretion and expectations; policing styles; police subculture and corruption; finally this topic will address the 4th amendment (procedural laws and policing) The 3rd topic addresses current issues in policing such as: use of force; gender and race; challenges to traditional policing; stress and burnout.
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Topic 1: History of the Organization
The function social control or policing citizens has existed in one form or another for hundreds of years. For example, in the 7th century the Roman emperor Augustus created one of the earliest recorded organized police forces. The form of policing that most directly led to that of modern U.S. policing was England's frankpledge system.
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Topic 1: History of the Organization
Frankpledge system refers to groups of ten families (a tithing) who kept order, enforced local law and brought violators to court. Every male was required to participate (12 years old and above). Over time, some members of the tithing choose a member that will oversee the search for criminals; these became known as the constable. Constables, received no pay, had a one year appointment and were supervised when a group went out to search or arrest a law violator.
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Topic 1: History of the Organization
Watchmen helped the constable. The watchmen patrolled the streets, enforced the law, put out fires, and at dawn lighted street lamps (announced “all is well”), that is why they are also known as night-watchmen. As cities grew because of industrialization people moved into the cities, social unrest and social disorganization became a topic of concern: thefts, pickpockets, vandalism, homelessness and poverty were common and visible. During this time, volunteer or amateur law enforcers were paid. Notice that the above policing efforts were not government directed nor supervised. It was a citizen movement: families and neighbors getting together to make sure things were in order and when they weren’t to do something about it.
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Topic 1: History of the Organization
The first state sponsored police is traced back to 1829,when The Metropolitan Police Act was passed and the first London police force was created: known as “Bobbies” to honor of Sir Robert Peel. This first police force had a 4-part mandate, still part of the today’s law enforcement mandate in the U.S.: 1. prevent crime: without using repressive force (cannot call the military to control riots) 2. maintain order: by nonviolent means, using force as the last resort. 3. police-community relations: reduce conflict between the police and citizens. 4. efficiency: by lowering crime and disorder.
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Topic 1: History of the Organization
Informal policing began in New York City in 1625 and the city's first professional police force was organized in 1845. Chicago's official police force was created around 1855, and reorganized several times until 1913.
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Topic 1: History of the Organization
Reform & Professionalization efforts started early on in the history of Policing: The Pendleton Civil Service Act of 1883 The Wickersham Commission & August Vollmer Orlando Wilson J. Edgar Hoover
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Topic 1: History of the Organization
The Pendleton Civil Service Act of 1883 basically formed a civil service system that dispensed with patronage and administered employment and promotions based on merit rather than political connections.
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Topic 1: History of the Organization
In 1931, August Vollmer wrote the Wickersham Commission report that affected police reform for most of the 20th century (and today in the 21st). Features of the progressive movement included an emphasis on technology.
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Topic 1: History of the Organization
Orlando W. Wilson increased police efficiency by assigning officers based on the amount of reported crime and calls for service. J. Edgar Hoover championed police professionalism and built the FBI into one of the premier law enforcement agencies in the world.
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Topic 1: History of the Organization
What these reform & professionalization efforts mean is that we can divide the history of law enforcement in the U.S. into three periods: 1. the political era ( ). Exemplified by The Pendleton Civil Service Act of 1883 mentioned above. 2. the professional model ( ). Exemplified by August Vollmer and the Wickersham Commission described above. 3. the community model (1970-present). Exemplified by Orlando W. Wilson and J. Edgar Hoover described above. Watch (required) the following video: History of Policing Highlights (7:10 min):
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Topic 1: History of the Organization
1. The political era ( ): or political machines era: A time when police and local politicians (the major’s office) had too close ties. As a result it the police protected the government and not its citizens. The police received payments and were even promoted in rank based on the services provided to politicians. This is an important era not only because it describes the police-political connection but this was also a time when citizens, immigration and migration, enforcement of morals, and vices became problematic. The enforcement of laws targeted specific groups and during this time, policing the city had political roots. During this time the first formalized police department was established in NYC. By formalized is meant: full time, paid, trained, uniformed officers, a police chief, city was divided into precincts. The typical functions involved: foot patrol, service (caring for the homeless, operating soup kitchens, regulating public health, handling medical and social emergencies). That means two basic functions: public service and crime control functions. Notice that the above is a characteristic of the early policing in the North. In the South, the police developed differently: out of “slave patrols:” who dealt with runaway slaves, since slaves had no rights, patrols were more intrusive and controlling. In the West: citizens took the law into their own hands: frontier movement, openness of the territory, citizens owned guns for protection and were expected to use them.
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Topic 1: History of the Organization
2. the professional model ( ) The Progressive Era movement: emphasis on efficiency in government and more government services to assist the poor or those in need. During this time it was thought that a professional police force, without political ties could do a better, more efficient job of crime control and prevention and service to those in need. This professionalization movement is credited to August Vollmer. Professionalization meant: staying out of politics training, disciplined and organized forces equality in the enforcement of laws use of technology merit system crime fighting as goal of policing (a movement away from maintaining order. Vollmer and other progressives introduced the use of: motorcycle units, handwriting analysis, fingerprinting, radio communications, rapid response, rotation of assignments, etc. By the 1960 this model of professionalism was dysfunctional: they were isolated from the communities they served, communities that were racially different and citizens that were radicalized and the crime fighting approach was ineffective to deal with changing urban and social conditions.
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Topic 1: History of the Organization
3. the community-policing model (1970-present) Crime fighting model proved ineffective given the social and political conditions that existed in society, at the same time police become the subject of research. Research findings were critical of the crime professional crime fighting model: more patrol officers has little effect on crime rate. rapid response to calls did not increase arrest rate. it’s difficult to improve the % of crimes solved. The publication of the article: Broken Windows: The police and neighborhood safety, called to bring back the service function of the police. This service function was renamed: police-community relations: police in the community, knowing the people, in close contact, servicing citizens. It involves dealing with the daily little problems before they escalate. It also improves citizens attitudes and opinion about the police. A close idea is that of problem oriented policing: finding out the problem, its causes: in NYC during the 1990s this approach led to reductions in crime, but police citizens relations deteriorated as the emphasis was on zero tolerance, arrest and dealing with street, petty, small offenses.
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Topic 1: History of the Organization
Modern Police departments vary little in how they are organized: most have uniforms, ranks, hierarchical chain of command, and centralized decision-making. Most have a military-style organizational chart formed around Ranks (from patrol to chief); with clearly defined powers and duties; they follow superior-subordinate work relations; Organized for discipline, control, efficiency
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Topic 1: History of the Organization
But there are important distinctions between the military and law enforcement: Discretion: In the typical military unit individual soldiers make very few decisions. In law enforcement organizations, most discretion is in the hands of the individual police officer police officers: decide when law is broken, how to react, when to arrest, etc. Visibility: on a daily basis, most of us do not see soldiers, nor do we expect to see them. But we see and/or expect to see one or more police officer every day. They are exposed to public scrutiny every day. Authority: in the military authority and power are concentrated at the top. In our society, the enforcement of law, the power and authority of police agents are limited: laws, court rulings and administrative procedures delineate their power and authority. These three elements make the enforcement of law more equitable and predictable but also might stifle quick changes and innovation. For example, new officers must learn what and how their department exercise discretion (what is too much or too little); a police officer enforcing the law at the neighborhood level might have a different opinion on the impact of laws on citizens than the police chief.
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Topic 1: History of the Organization
In modern times police work has three characteristics: Reactive: respond to crime after it has occurred; depend on others to do their job (citizen witnessing and reporting a crime ); Incident-based: calls for service leads to action: most are for service and order maintenance actions rather than crime control activities; Proactive: initiating actions in the absence of citizen requests. Such as: surveillance, prevention, undercover work. Watch (required): Waterbury, Conn., Police Balances Proactive and Reactive Policing (5:18 min):
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Topic 1: History of the Organization
Another modern characteristic of police departments in the US is that enforcement efforts are decentralized, at different levels of enforcement: Federal, state, county, native American tribal police, municipal police. Federal: part of the executive branch of government. Enforced and investigative specific laws. FBI, DEA, ATF, INS, etc. Agencies have nationwide jurisdiction, but concentrate on specific crimes. There are about 60 federal law enforcement agencies are organized under the Department of Justice, Department of the Treasury and Department of Homeland Security. State: every state has law enforcement agencies. Includes state police and highway patrol. There are many variations in agency organization from state to state. County: Sheriffs: policing rural areas, usually an elected position, operate jails, serve court orders, provide court services (court bailiffs). Native American tribal police: native American tribes are separate, sovereign nations, as a result they have developed their own police system: enforce law on tribal land only. Municipal police: cities and towns: Most of these are small (as small as 10) but some can be more than 37,000. Large municipalities will have big budgets and resources, more specialization.
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Topic 1: History of the Organization
Modern policing: In 1972 the Kansas City Preventive Patrol Experiment: Examined the effectiveness of police patrol in terms of its effect on crime, the delivery of police services, and citizens' feelings of security. The study found that decreasing or increasing routine patrols had no effect on crime citizen fear of crime, or community attitudes toward the police. In 1977, the Rand Study of Detectives Examined how effective detectives are in solving crimes. The findings suggested that a rethinking about the duties of detectives: more efficient ways may exist for law enforcement agencies to do detective work. The Drug Abuse Resistance Education (DARE) program was started 1983 by the Los Angeles Police Department and Los Angeles schools, to give children information about illegal drugs, what happens when people use or sell illegal drugs, and methods to avoid illegal drugs. Schools throughout the nation are currently running the program. Recent evaluations suggest that the program does little to prevent children from future drug use.
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