Transcript Document

History and Structure of American
Law Enforcement
After completing this chapter, you should
be able to:
1. Briefly describe the jurisdictional limitations of
American law enforcement.
2. Trace the English origins of American law
enforcement.
3. Discuss the early development of American
law enforcement.
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Continued
4. Describe the major developments that have
occurred in policing in America.
5. Describe the structure of American law
enforcement.
6. Explain the relationship between the FBI and
the Department of Homeland Security.
7. Discuss the development and growth of
private security in the United States.
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The Limited Authority of American
Law Enforcement
The United States has almost 18,000 public
law enforcement agencies. The jurisdiction
of each agency is carefully limited by law.
•Law enforcement is also limited by the
procedural law derived from U.S. Supreme
Court decisions.
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Jurisdiction
The right or authority of a justice agency to
act in regard to a particular subject matter,
territory, or person.
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The Limited Authority of American
Law Enforcement
In comparison with other democratic
nations of the world, the United States has
remarkably more police agencies
that operate under far more restrictions on
their authority.
•Like much of the criminal justice system,
this limited law enforcement model came
from England.
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English Roots
Our familiar law enforcement system, in
which uniformed officers respond to calls for
help and plainclothes detectives investigate,
developed over hundreds of years in
England.
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The Tithing System
By the twelfth century in England, the
practice of resolving disputes privately gave
way to a system of group protection, called
the tithing system.
Tithing System
A private self-held protection system in early medieval
England, in which a group of ten families, or a tithing,
agreed to follow the law, keep the peace in their areas,
and bring law violators to justice.
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The Tithing System
In larger areas, ten tithings were grouped
together to form a hundred, and one or
several hundreds constituted a shire. The
shire was under the direction of the shire
reeve.
The shire reeve was assisted by posses.
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Shire Reeve and Posses
Shire Reeve
In medieval England, the chief law enforcement
officer in a territorial area called a shire;
later called the sheriff.
Posses
Groups of able-bodied citizens of a community,
called into service by a sheriff or constable to
chase and apprehend offenders.
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The Constable-Watch System
The Statute of Winchester, in 1285,
formalized the constable-watch system of
protection.
•One man from each parish was selected to be
constable.
•Citizens were drafted as (unpaid)
watchmen, and were required to come to
the aid of a constable or watchman who
called for help.
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The 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.
Constable
The peacekeeper in charge of protection in
early English towns.
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The Constable-Watch System
Two elements of this system made their way
to the American colonies:
•The people were the police.
•The organization of the protection
system was local.
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The Bow Street Runners
In 1748, a London magistrate named Henry
Fielding (best known for his writings,
including the novel Tom Jones) founded the
first publicly funded detective force in a
district of London known as Bow Street.
•The Bow Street Runners paved the
way for a more professional response
to crime.
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The London Metropolitan Police
• The Industrial Revolution brought a huge
influx of people into London, and along with
them, increasing poverty, public disorder,
and crime.
• In 1829, Parliament created the London
Metropolitan Police, a 1,000-member
professional force.
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The London Metropolitan Police
The police became known as bobbies or
peelers after Robert Peel, the British Home
Secretary, who had prodded Parliament for
their creation.
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The London Metropolitan Police
The police were organized around Peel’s
Principles of Policing.
•The London Police were organized according
to military rank and structure.
•The police were under the command of two
magistrates (later called commissioners).
•The main function of the police was to
prevent crime by preventive patrol of the
community.
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Robert Peel’s Principles of Policing
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The Development of American Law
Enforcement
• The United States has more police
departments than any other nation in the
world.
• Virtually every community has its own
police force, creating a great disparity in the
quality of American police personnel and
service.
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Early American Law Enforcement
Settlers of the new American colonies
brought with them the constable-watch
system, which became common (although
not necessarily effective) in cities.
In many rural areas, a sheriff and posse
system was commonly used.
•America developed with two separate law
enforcement systems.
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Law Enforcement in the Cities
The Industrial Revolution brought a flood of
people to American cities, often immigrants.
Overcrowded and unhealthy living and
working conditions led to fights, brawls, and
riots.
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Law Enforcement in the Cities
Americans resisted the establishment of a
public police force.
Plainclothes watchmen did not try to prevent
or discover crime.
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Municipal Police Forces
• In 1844, New York City created the first
paid, unified police force in the U.S.
• Other cities followed suit, creating their own
police departments, often merely an
organization of the existing day and night
watch.
• It was not until after the Civil War that
police forces routinely began to wear
uniforms, carry nightsticks and even carry
firearms.
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Tangle of Politics and Policing
• Until the 1920s in most American cities,
local political leaders maintained complete
control over the police force.
• The political and police systems in many
cities were corrupt; and jobs, politics, and
law enforcement all depended on paying
money to the right person.
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A Brief History of Blacks in Policing
• For most of American history blacks who
have wanted to be police officers have
faced blatant discrimination and have
generally been denied the opportunity.
• The first black police officers in the United
States were “free men of color.” They were
hired around 1805 to serve as members of
the New Orleans city watch system.
continued on next slide
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A Brief History of Blacks in Policing
• By 1910, there were fewer than 600 black
police officers in the United States, and
most of them were employed in northern
cities.
• It was not until the 1940s and 1950s that
black police officers began to be hired
routinely in most northern and southern
U.S. cities.
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Law Enforcement in the States and
on the Frontier
• Without large population centers to patrol,
law enforcement was more likely to
respond to specific situations:
•Rounding up cattle rustlers
•Capturing escaped slaves
The basic structure of police units with
broader responsibilities grew out of this system.
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Southern Slave Patrols
• In the South, the earliest form of policing
was the plantation slave patrols.
• Slave codes prohibited slaves from:
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holding meetings.
leaving the plantation without permission.
traveling without a pass.
learning to read and write.
• Slave patrols often whipped and terrorized
slaves.
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Slave Patrols
The earliest form of policing in the South.
They were a product of the slave codes.
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Frontier Law Enforcement
In the American frontier, justice often meant
vigilantism. Self-protection remains very
popular in the South and West.
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State Police Agencies
Growing populations, as well as the inability
of some local sheriffs and constables to
control crime, led states to create their own
law enforcement agencies.
•Texas officially created the Rangers in
1835.
•Pennsylvania established the first modern
state law enforcement agency in 1905.
•By the 1930s, every state had some form of
state law enforcement agency.
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Professionalism and Reform
• Until the late nineteenth century, there were
no qualifications required for law
enforcement officers.
• Cincinnati was the first city to require
qualifications of police officers:
• High moral character
• Foot speed
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Professionalism and Reform
• It was not until the early 20th Century that
reformers began advocating training and
education for police officers.
• Reformers also aimed to remove the police
from political influences.
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Conflicting Roles
• Americans have never been sure what role
they want police officers to play.
• Police have acted as:
– peacekeepers.
– social workers.
– crime fighters.
– public servants.
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Conflicting Roles
• In the nineteenth century, police acted as
peacekeepers and social service agents,
feeding the hungry and housing the
homeless.
• In the 1920s, police began to focus on
crime-fighting.
• In the 1960s, the civil rights movement
often resulted in violent clashes between
police and citizens.
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Conflicting Roles
Four blue-ribbon commissions studied the
police in the U.S. from 1967 to 1973. The
reports recommended:
•Careful selection of law enforcement
officers.
•Extensive and continuous training.
•Better management and supervision.
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Community Policing
A desire to actually improve neighborhoods
led to the modern concept of community
policing, which involves:
• A problem-oriented approach aimed at
handling a broad range of troublesome
situations.
• Greater emphasis on foot patrols.
• Building a relationship with citizens, so they
would be more willing to help the police.
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Community Policing
A contemporary approach to policing that
actively involves the community in a working
partnership to control and reduce crime.
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The Structure of American Law
Enforcement
American law enforcement agencies are
extremely diverse in:
• Jurisdictions.
• Responsibilities.
• Employers (hospitals, colleges, transit
authorities may have their own police).
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Public Law Enforcement Agencies in
the United States
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Local Policing and Its Duties
• If people know a law enforcement agent at
all, it is probably a local police officer, but it
is doubtful that even they understand what
local police officers in America really do,
besides what they see on television and in
movies.
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Municipal Police Departments
Most police departments in the United States
employ fewer than 50 sworn officers.
Most police officers:
• In 2000, 70.9 percent of full-time sworn
officers were white men.
• In 2000, a high school diploma or higher
education was required by 83 percent of
the local police departments.
continue on next slide
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Characteristics of Local Full-Time
Police Officers
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Local Police Duties
Four categories of local police duties are:
• Law enforcement —investigating crime and
arresting suspects.
• Order maintenance or peacekeeping—controlling
crowds, intervening in domestic disputes.
• Service—escorting funeral processions, taking
people to the hospital.
• Information gathering—determining
neighborhood reactions to a proposed liquor
license, investigating a missing child.
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Organizational Structure
How a police agency is structured depends
on:
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•
•
•
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.
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Organizational Structure
Large departments have many specialized
departments.
Small departments rarely have specialized
departments, or officers trained in
complex investigation.
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Organizational Structure
• Police departments are usually organized
in a military structure. Some people think a
military structure does not fit police work
because the work is so varied, and the
structure impedes the flow of
communication.
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The Political Context of Policing
Police departments are part of larger
governments. Municipalities generally
operate under one of four forms:
•
•
•
•
Strong Mayor-Council.
Weak Mayor-Council.
City Manager.
Commission.
Each style of government varies in the
amount of control citizens have over
their leaders, including the chief of police.
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County Law Enforcement
A substantial portion of law enforcement work
in the United States is carried out by the
Sheriffs’ departments.
•In 2000, the nation had 3,070 sheriffs’ departments,
employing 293,823 full-time personnel.
continued on next slide
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Characteristics of Sheriffs’ Personnel
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County Law Enforcement Functions
County sheriff and department personnel
perform many functions:
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•
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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.
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Politics and County Law Enforcement
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.
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State Law Enforcement
State law enforcement agencies provide
criminal and traffic law enforcement, and
other services particular to the needs of that
state government.
•In 2000, the 49 primary state law
enforcement agencies (Hawaii has no state
police agency) had 87,028 employees
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State Law Enforcement
Each state has chosen one of two models for
providing law enforcement services:
State Police Model
Example: Texas Rangers
Highway Patrol Model
Example: California Highway Patrol
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State Police Model
Highway Patrol Model
State Police Model
A model of state law enforcement services in which
the agency and its officers have the same
law enforcement powers as local police,
but can exercise them anywhere within the state.
Highway Patrol Model
A model of state law enforcement services in which
officers focus on highway traffic safety, enforcement
of the state’s traffic laws, and the investigation of
accidents on the state’s roads, highways,
and on state property.
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State Law Enforcement
Both state police and highway patrol
agencies perform the following services:
•Help regulate commercial traffic.
•Conduct bomb investigations.
•Protect the governor and the capitol grounds and
buildings.
•Administer computerized information networks
for the state, which link up with the National
Crime Information Center (NCIC) run by the FBI.
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Federal Law Enforcement
Among the best-known federal law
enforcement agencies are:
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•
•
•
FBI
U.S. Secret Service
Treasury Department
Drug Enforcement Agency
•As of June 2002, federal agencies employed
nationwide more than 93,000 full-time personnel
authorized to make arrests and carry firearms.
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Federal Law Enforcement
Major differences between federal law
enforcement and local and state police are:
• Federal agencies operate across the nation.
• Federal agencies usually do not have
peacekeeping duties.
• Some federal agencies have very narrow
jurisdictions.
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Training Federal Law Enforcement
Officers
• The Federal Law Enforcement Training
Center (FLETC) is the largest law
enforcement-training establishment in the
United states. It provides some or all of the
training for a majority of federal law
enforcement agencies, as well as for many
states, local and international law
enforcement agencies.
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The Department of Homeland
Security
• The United States Congress responded to
the terrorist attacks of September 11, 2001,
by enacting the Homeland Security Act of
2002.
• The act established the Department of
Homeland Security (DHS). According to the
legislation, this new executive department
was created to:
continued on next slide
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The Department of Homeland
Security
1. Prevent terrorist attacks within the United
States.
2. Reduce the vulnerability of the United States to
terrorism.
3. Minimize the damage, and assist in the
recovery, from terrorist attacks that do occur
within the United States.
4. Carry out all functions of entities transferred to
the department, including by acting as a focal
point regarding natural and manmade crises
and emergency planning.
continue on next slide
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The Department of Homeland
Security
5. 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.
6. Ensure the overall economic security of the
United States is not diminished by efforts,
activities, and programs aimed at securing the
homeland.
continued on next slide
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The Department of Homeland
Security
7. Monitor connections between illegal drug
trafficking and terrorism, coordinate efforts to
sever such connections, and otherwise
contribute to efforts to interdict illegal drug
trafficking.
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The Department of Homeland
Security
• 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
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The Department of Homeland
Security
• One of the first efforts of DHS was the
creation of a color-coded warning system to
alert citizens to the likelihood of a terrorist
attack.
• Through the efforts of the Department of
Homeland Security, law enforcement
agencies at all levels of government, and
vigilant American citizens, acts of terrorism
can be prevented in the future.
continue on next slide
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American Private Security
Private security in the United States is a huge
enterprise.
It has been estimated that twice as many
people work in private security as in public
law enforcement.
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American Private Security
Private security employment is often
categorized two ways:
Contract Security
Example: security guards
hired for a college football game
Proprietary Security
Example: the security force for a
corporation’s manufacturing plants
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Contract Security
Proprietary Security
Contract Security
Protective services that a private security firm provides to
people, agencies, and companies that do not employ their
own security personnel or that need extra protection.
Contract security employees are not peace officers.
Proprietary Security
In-house protective services that a security staff,
which is not classified as sworn peace officers,
provide for the entity that employs them.
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Private Security Officers
• In 2002, there were more than one million
private security officers. A private security
officer’s duties vary and depend on the
employer’s particular needs.
• Private security officers may protect:
– Office buildings
– Parking garages
– Hospitals
– Armored vehicles
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Reasons for Growth
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.
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Issues Involving Private Security
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.
continued on next slide
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Continued
• Qualifications and training vary widely.
• Diminished public responsibility - the government
may not be living up to its responsibility to provide
for the general welfare.
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Private Security's Role in the Fight
Against Terrorism
• Private security officers are often the first
line of defense against terrorism in the
United Sates. They guard government
buildings, utilities, schools, courts,
corporate headquarters, office complexes,
laboratories, and transportation facilities.
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