Introduction to Criminal Justice

Chapter 5: History and Structure of American Law Enforcement

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

Limited Authority of American LE

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◦ 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

English Roots

Peel’s Principles of Policing

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

Early American LE

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 Cities

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

LE in the States and on the Frontier

Introduction to Criminal Justice

Chapter 5: History and Structure of American Law Enforcement

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

Professionalism and Reform

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

Conflicting Roles

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

Community Policing

American LE agencies are extremely diverse in:◦ Jurisdictions◦ Responsibilities◦ Employers

Structure of American LE

Introduction to Criminal Justice

Chapter 5: History and Structure of American Law Enforcement

Law enforcement Order maintenance or peacekeeping Service Information gathering

Local Police Duties

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

Organizational Structure

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

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

Politics and County 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

State 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

Federal LE

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

Department of Homeland 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

American Private Security

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.

Reasons for Growth

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.

Issues Involving Private Security