Introduction to Criminal Justice Chapter 5: History and Structure of American Law Enforcement

Limited Authority of American LE 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

English Roots 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 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 Bow Street Runners London Metropolitan Police 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

Peel’s Principles of Policing

Early American LE 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

LE in the Cities 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 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 States and on the Frontier 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

Introduction to Criminal Justice Chapter 5: History and Structure of American Law Enforcement

Professionalism and Reform 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

Conflicting Roles Police have acted as: Peacekeepers Social workers Crime fighters Public servants

Community Policing 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

Structure of American LE American LE agencies are extremely diverse in: Jurisdictions Responsibilities Employers

Introduction to Criminal Justice Chapter 5: History and Structure of American Law Enforcement

Local Police Duties Law enforcement Order maintenance or peacekeeping Service Information gathering

Organizational Structure 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 Large departments have many specialized departments Small departments rarely have specialized departments Police departments are usually organized in a military structure

County LE Investigating crimes Supervising sentenced offenders Enforcing criminal and traffic laws Serving summons, warrants, and writs Providing courtroom security Transporting prisoners Operating a county jail

Politics and County LE 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

State LE 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 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

Federal LE 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

Department of Homeland Security 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 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 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

American Private Security 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

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.

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.

Issues Involving Private Security Qualifications and training vary widely. Diminished public responsibility The government may not be living up to its responsibility to provide for the general welfare.