Introduction to Criminal Justice

HISTORY AND STRUCTURE OFAMERICAN LAW ENFORCEMENT

Chapter Five

Bohm and Haley

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.

Jurisdiction

The right or authority of a justice agency

to act in regard to a particular subject matter,

territory, or person.

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.

The Development of American Law Enforcement

Key Issues to Know

Tithing systemShire reeve / posses

Constable-watch systemConstable

Peel’s Principles of PolicingSlave patrols

Frontier law enforcement

Community Policing

A desire to actually improve neighborhoodsled 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.

Community Policing

A contemporary approach to policing that actively involves the community

in a working partnership to control and reduce crime.

Public Law Enforcement Agencies in the United

States

Characteristics of Local Full-Time Police Officers

Local Police DutiesFour 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.

Organizational Structure

How a police 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.

Characteristics of Sheriffs’ Personnel

County Law Enforcement Functions

County sheriff and department personnel perform many functions such as:

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 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.

State Law Enforcement

State law enforcement agencies providecriminal and traffic law enforcement,

and other services particular to the needsof that state government.

In 2000, the 49 primary state law enforcement agencies (Hawaii has no state police agency)

had 87,028 employees

State Police Model and the Highway Patrol Model

State Police Model

A model of state law enforcement services in whichthe agency and its officers have the samelaw enforcement powers as local police,

but can exercise them anywhere within the state.

Highway Patrol Model

A model of state law enforcement services in whichofficers focus on highway traffic safety, enforcement

of the state’s traffic laws, and the investigation ofaccidents on the state’s roads, highways,

and on state property.

State Law Enforcement

Both state police and highway patrolagencies 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.

Federal Law EnforcementAmong the best-known

federal law enforcement agencies are:

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.

Federal Law Enforcement

Major differences between federal lawenforcement 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.

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

The Department of Homeland Security

Prevent terrorist attacks within the United States.

Reduce the vulnerability of the United States to terrorism.

Minimize the damage, and assist in the recovery, from terrorist attacks that do occur within the United States.

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

The 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.

continued on next slide

The Department of Homeland Security

Monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such connections, and otherwise contribute to efforts to interdict illegal drug trafficking.

American Private Security

Private security in the United States is a huge enterprise.

It has been estimated that twice as manypeople work in private security as in public law enforcement.

Contract Security amdProprietary 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.

Issues Involving Private Security

A number of unresolved problems and issueshamper 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.