History of Law and Law History of Law and Law EnforcementEnforcement

L.E. ClassL.E. Class

Cave DwellersCave Dwellers Tribes or clansTribes or clans Customs and traditions Customs and traditions Chieftains had executive, legislative Chieftains had executive, legislative

and judicial powersand judicial powers Crimes committed handled by Crimes committed handled by

individual or familyindividual or family

Justice SystemJustice System Punish the offenderPunish the offender

There was no attempt at rehabilitation. There was no attempt at rehabilitation. Punishment was strictly to extract Punishment was strictly to extract revenge and as an example to othersrevenge and as an example to others

Some of the punishments included; Some of the punishments included; Boiling in oil, Flaying, Impalement, Boiling in oil, Flaying, Impalement, Burning at the stake, Stoning, Branding, Burning at the stake, Stoning, Branding, Mutilation, & CrucifixionMutilation, & Crucifixion

When and why did law When and why did law enforcement begin?enforcement begin?

A system of law and law enforcement A system of law and law enforcement began earlier than 2000 began earlier than 2000 B.CB.C. as a means . as a means to control human conduct and enforce to control human conduct and enforce society’s rules. Keeping the peace was society’s rules. Keeping the peace was the responsibility of the group.the responsibility of the group.

c. 2300 B.C. Lipit Ishtar, Sumerian Ruler, set Lipit Ishtar, Sumerian Ruler, set standards for conduct.standards for conduct.

1.    If a man entered the orchard of another man and was seized there for stealing, he shall pay ten shekels of silver.       2.    If a man cut down a tree in the garden of another man, he shall pay one-half mina of silver.       3.    If a man married his wife and she bore him children and those children are living, and a slave also bore children for her master but the father granted freedom to the slave and her children, the children of the slave shall not divide the estate with the children of their former master.       4.    If a man's wife has not borne him children but a harlot from the public square has borne him children, he shall provide grain, oil and clothing for that harlot. The children which the harlot has borne him shall be his heirs, and as long as his wife lives the harlot shall not live in the house with the wife. *This is the earliest known codified provision for child support.

c. 2250 B.C.c. 2250 B.C. Sumerian ruler Eshumma set Sumerian ruler Eshumma set

standards on what constituted an standards on what constituted an offense against society.offense against society. debt bondage was limited to three years debt bondage was limited to three years maximum prices were established for maximum prices were established for

basic commodities, including beer basic commodities, including beer Wages were fixed by law, as were fees Wages were fixed by law, as were fees

charged by housebuilders, physicians, charged by housebuilders, physicians, veterinarians, boat caulkers and leasers veterinarians, boat caulkers and leasers of work animals, wagons and boats… of work animals, wagons and boats…

2200 BC2200 BC The code of HammurabiThe code of Hammurabi

Set offenses and punishmentsSet offenses and punishments The original legal principal lex The original legal principal lex

talionis (an eye for an eye)talionis (an eye for an eye) ““The strong shall not injure the The strong shall not injure the

weak”weak”

Figure 1-1 From the Code of Figure 1-1 From the Code of Hammurabi (2200 B.C.)Hammurabi (2200 B.C.)

If a builder builds a house for a man If a builder builds a house for a man and does not make its construction firm and does not make its construction firm and the house collapses and causes the and the house collapses and causes the death of the owner of the house––that death of the owner of the house––that builder shall be put to death. If it causes builder shall be put to death. If it causes the death of a son of the owner––they the death of a son of the owner––they shall put to death a son of that builder. shall put to death a son of that builder. If it causes the death of a slave of the If it causes the death of a slave of the owner––he shall give the owner a slave owner––he shall give the owner a slave of equal value. If it destroys property he of equal value. If it destroys property he shall restore whatever it destroyed and shall restore whatever it destroyed and because he did not make the house because he did not make the house firm he shall rebuild the house which firm he shall rebuild the house which collapsed at his own expense. collapsed at his own expense.

Roman EmpireRoman Empire First police force established by First police force established by

Emperor Augustus.Emperor Augustus. Used Roman soldiersUsed Roman soldiers Praetorian guard to protect the palacePraetorian guard to protect the palace Urban Cohort to patrol the streetsUrban Cohort to patrol the streets

Roman EmpireRoman Empire The Twelve Tablets c. 451-450 B.C.The Twelve Tablets c. 451-450 B.C.

IV. 1 "A dreadfully deformed child shall be killed."IV. 1 "A dreadfully deformed child shall be killed."IV. 2 "If a father surrender his son for sale three times, the son IV. 2 "If a father surrender his son for sale three times, the son shall be free."shall be free."V. 1 "Our ancestors saw fit that "females, by reason of levity of V. 1 "Our ancestors saw fit that "females, by reason of levity of disposition, shall remain in guardianship, even when they have disposition, shall remain in guardianship, even when they have attained their majority."attained their majority."V. 8 The inheritance of a Roman citizen-freedman is made over V. 8 The inheritance of a Roman citizen-freedman is made over to his patron, if the freedman has died intestate and has no to his patron, if the freedman has died intestate and has no natural successor.natural successor.VI. 1 When a party shall make bond or conveyance, what he VI. 1 When a party shall make bond or conveyance, what he has named by word-of-mouth that shall hold good.has named by word-of-mouth that shall hold good.VI. 2 Marriage by `usage' (VI. 2 Marriage by `usage' (usususus): If a man and woman live ): If a man and woman live together continuously for a year, they are considered to be together continuously for a year, they are considered to be married; the woman legally is treated as the man's daughter.married; the woman legally is treated as the man's daughter.VIII. 26 "No person shall hold meetings in the City at night." VIII. 26 "No person shall hold meetings in the City at night."

Early English SocietyEarly English Society Origins of American law and policingOrigins of American law and policing The middle agesThe middle ages

Crimes viewed as personal wrongsCrimes viewed as personal wrongs Compensation was paid to victims familiesCompensation was paid to victims families Enforced by land ownersEnforced by land owners Punishment varied from local to localPunishment varied from local to local Law designed to provide equitable solutionLaw designed to provide equitable solution Only concern was to maintain the peaceOnly concern was to maintain the peace

Prior to the Norman Prior to the Norman ConquestConquest

Protection of life and property was a Protection of life and property was a personal responsibilitypersonal responsibility

The pledge system was in useThe pledge system was in use Each person pledged to protect the village Each person pledged to protect the village

against thieves and maraudersagainst thieves and marauders Expected to raise a hue and cry to warn of Expected to raise a hue and cry to warn of

troubletrouble

Families banded togetherFamilies banded together Ten families grouped together for Ten families grouped together for

protection was called a tithingprotection was called a tithing Supervised by a tithing man who Supervised by a tithing man who

acted as mayor, council and judgeacted as mayor, council and judge Only two laws enforced – murder and Only two laws enforced – murder and

thefttheft

Ten Tithing formed a Ten Tithing formed a hundredhundred

They were supervised by a constableThey were supervised by a constable Could be considered the first real police Could be considered the first real police

officerofficer They dealt with serious breaches of the They dealt with serious breaches of the

lawlaw

Norman Conquest (1066 Norman Conquest (1066 AD)AD)

Two separate courts establishedTwo separate courts established Church courts handled cases considered Church courts handled cases considered

to be sinsto be sins Courtleet (Manor Court) handled secular Courtleet (Manor Court) handled secular

or crimes against the kingor crimes against the king

Court AdministratorsCourt Administrators Appointed by the KingAppointed by the King Used prior punishment to decide Used prior punishment to decide

casescases Used local rules and customsUsed local rules and customs

Created 55 military districtsCreated 55 military districts These were called These were called shiresshires Each district was presided over by a Each district was presided over by a

reevereeve Tithing system was modified into the Tithing system was modified into the

Frankpledge Frankpledge systemsystem

Frankpledge systemFrankpledge system Required loyalty to the King’s lawRequired loyalty to the King’s law Mutual responsibility of all free Mutual responsibility of all free

Englishmen to maintain the peaceEnglishmen to maintain the peace Under the frankpledge system the Under the frankpledge system the

shire-reeves were relieved of judicial shire-reeves were relieved of judicial dutiesduties

History of Law and Law History of Law and Law EnforcementEnforcement

L.E. ClassL.E. Class

Henry I (1100 – 1135)Henry I (1100 – 1135) Leges HenricLeges Henric – set certain crimes as – set certain crimes as

being against the King’s peacebeing against the King’s peace Government now was getting Government now was getting

involved in crimes previously involved in crimes previously considered personalconsidered personal

Henry II (1154 – 1189)Henry II (1154 – 1189) Created position of Circuit JudgeCreated position of Circuit Judge Juries made up of local landowners Juries made up of local landowners

Decided cases on evidence presentedDecided cases on evidence presented Investigated crimes Investigated crimes Brought accusations against suspectsBrought accusations against suspects Gave testimony against suspectsGave testimony against suspects

Judges start applying a Judges start applying a common Lawcommon Law

Applied to all the subjects of the landApplied to all the subjects of the land (excluding the wealthy and the ruling (excluding the wealthy and the ruling

class)class)

JudgesJudges Made and enforced the lawMade and enforced the law Consistently evolving legal code Consistently evolving legal code

(every time a judge changed his mind)(every time a judge changed his mind) New laws were created to fit a New laws were created to fit a

particular caseparticular case The new law could be and was The new law could be and was

frequently retroactivefrequently retroactive

King Edward IKing Edward I Created the watch and ward systemCreated the watch and ward system

Imposed a curfew – gates of the city were Imposed a curfew – gates of the city were locked at curfewlocked at curfew

Watch system more formal than the pledge Watch system more formal than the pledge systemsystem

Employed watchmen to protect property against Employed watchmen to protect property against fire and robberyfire and robbery

Watchmen were supervised by local constables Watchmen were supervised by local constables This system was in place for about 500 years in This system was in place for about 500 years in

EnglandEngland

1414thth Century Century Shire-reeves replaced with the Shire-reeves replaced with the

Justice of the PeaceJustice of the Peace The increase in church power caused The increase in church power caused

the Hundred to be the Parrishthe Hundred to be the Parrish Parish – an area which the church drew Parish – an area which the church drew

its membersits members Church appointed a parish constable to Church appointed a parish constable to

enforce laws and collect taxesenforce laws and collect taxes

1414thth Century continued.. Century continued.. Parish constables were in the rural Parish constables were in the rural

areasareas Watch and Ward system used in Watch and Ward system used in

urban areasurban areas

1818thth Century Century 1730 Charles Townshend introduced 1730 Charles Townshend introduced

crop rotation systemcrop rotation system Jethro Tull invented the four-bladed Jethro Tull invented the four-bladed

plowplow Increased agricultural productivity Increased agricultural productivity

allowed movement from the farms to allowed movement from the farms to the city.the city.

1818thth Century Century Industrial revolutionIndustrial revolution The Gin CrazeThe Gin Craze Consumption of alcohol doubled Consumption of alcohol doubled

between 1727 and 1743between 1727 and 1743 Public drunkenness and violence Public drunkenness and violence

became widespreadbecame widespread

Bow Street RunnersBow Street Runners Created by Henry Fielding in 1748Created by Henry Fielding in 1748 First police organization to actually First police organization to actually

patrol the streetspatrol the streets Before watchmen stayed in their Before watchmen stayed in their

watch boxeswatch boxes Due to the increased mobility many Due to the increased mobility many

more criminals were capturedmore criminals were captured

Bow Street RunnersBow Street Runners 1752 Fielding began publishing 1752 Fielding began publishing The The

Covent Garden Journal Covent Garden Journal to circulate to circulate descriptions of wanted criminals.descriptions of wanted criminals.

After Henry’s death his brother John After Henry’s death his brother John took over and Bow Street became a took over and Bow Street became a clearinghouse for crime information.clearinghouse for crime information.

Metropolitan Police of Metropolitan Police of LondonLondon

Established in 1829Established in 1829 Recognized as the worlds first Recognized as the worlds first

organized police force organized police force Created by Sir Robert PeelCreated by Sir Robert Peel Composed of over 1000 officers or Composed of over 1000 officers or

“Bobbies”“Bobbies” Used a military command structureUsed a military command structure First force to have special uniformsFirst force to have special uniforms

The principles of Peelian Reform The principles of Peelian Reform stated:stated:

Police must be stable, efficient and organized militarily.Police must be stable, efficient and organized militarily. Police must be under governmental control.Police must be under governmental control. The deployment of police strength by both time and The deployment of police strength by both time and

area is essential.area is essential. The securing and training of proper persons is at the The securing and training of proper persons is at the

root of efficiency.root of efficiency. Public security demands that every police officer be Public security demands that every police officer be

given a number.given a number. Police headquarters should be centrally located and Police headquarters should be centrally located and

easily accessible. easily accessible. (continued . . .)(continued . . .)

The principles of Peelian Reform The principles of Peelian Reform stated:stated:

Policemen should be hired on a probationary basis.Policemen should be hired on a probationary basis. The duty of police is to prevent crime and disorder.The duty of police is to prevent crime and disorder. The test of police efficiency is the absence of crime The test of police efficiency is the absence of crime

and disorder, not the visible evidence of police action and disorder, not the visible evidence of police action in dealing with these problems.in dealing with these problems.

The power of the police to fulfill their duties is The power of the police to fulfill their duties is dependent on public approval and on their ability to dependent on public approval and on their ability to secure and maintain public respect.secure and maintain public respect.

The police should strive to maintain a relationship The police should strive to maintain a relationship with the public that gives reality to the tradition that with the public that gives reality to the tradition that the police are the public and the public are the the police are the public and the public are the police.police.

Colonial PolicingColonial Policing Colonial police similar to those in Colonial police similar to those in

EnglandEngland The county sheriff was the primary The county sheriff was the primary

law enforcement agentlaw enforcement agent Paid for each arrestPaid for each arrest Investigated complaints, ran the jail and Investigated complaints, ran the jail and

collected taxescollected taxes

Town MarshallTown Marshall Used in urban areasUsed in urban areas Very individualistic policingVery individualistic policing

Modern American Police Modern American Police DepartmentsDepartments

Philadelphia- 1833 First Paid daytime Philadelphia- 1833 First Paid daytime Police Force (ended 3 years later)Police Force (ended 3 years later)

New York- 1844 (put into effect 1 New York- 1844 (put into effect 1 year later)year later)

Chicago- 1851Chicago- 1851 New Orleans and Cincinnati- 1852New Orleans and Cincinnati- 1852 Baltimore and Newark- 1857Baltimore and Newark- 1857

Modern American Police Modern American Police DepartmentsDepartments

American officers refused uniforms American officers refused uniforms feeling they made them easy targets feeling they made them easy targets for harassment and made them look for harassment and made them look like servants. like servants.

Uniforms did not become widely Uniforms did not become widely accepted until after the American accepted until after the American Civil War.Civil War.

Local Politics and PoliticiansLocal Politics and Politicians

Controlled urban police departmentControlled urban police department Getting hired and promoted Getting hired and promoted

depended on who you knew rather depended on who you knew rather than what you knewthan what you knew

Early American policingEarly American policing Primitive in naturePrimitive in nature Most patrolled on footMost patrolled on foot Corruption and brutality commonCorruption and brutality common Very little training or supervisionVery little training or supervision The major role was to maintain orderThe major role was to maintain order

The Three Eras of PolicingThe Three Eras of Policing

The Political Era (1840-1930)The Political Era (1840-1930) The Reform Era (1930-1980)The Reform Era (1930-1980) The Community Era (1980-Present)The Community Era (1980-Present)

The Political Era (1840-The Political Era (1840-1930)1930) Police forces characterized by:Police forces characterized by:

broad social service functionbroad social service function a decentralized organizationa decentralized organization intimate relationship with communityintimate relationship with community extensive use of foot patrolextensive use of foot patrol

The spoils system The spoils system The Pendleton Act and civil service systemThe Pendleton Act and civil service system African-American officers – discriminated African-American officers – discriminated

against, kept segregatedagainst, kept segregated Women officers –protective and nurturing role, Women officers –protective and nurturing role,

not crime-fightingnot crime-fighting

The Reform Era (1930-1980)The Reform Era (1930-1980) Police forces characterized by:Police forces characterized by:

authority coming from the law and authority coming from the law and professionalismprofessionalism

crime control as primary functioncrime control as primary function centralized, efficient organizationcentralized, efficient organization professional remoteness from communityprofessional remoteness from community emphasis on preventive motorized patrol, rapid emphasis on preventive motorized patrol, rapid

response to crimeresponse to crime The Equal Employment Opportunity Act The Equal Employment Opportunity Act Minorities and women officers – obtained Minorities and women officers – obtained

legal equality but still often encountered legal equality but still often encountered discriminationdiscrimination

The Community Era (1980-The Community Era (1980-Present)Present)

Police forces characterized by:Police forces characterized by: authority coming from community support, authority coming from community support,

law and professionalismlaw and professionalism provision of a broad range of services, provision of a broad range of services,

including crime controlincluding crime control decentralized organization with more decentralized organization with more

authority given to patrol officersauthority given to patrol officers intimate relationship with the communityintimate relationship with the community use of foot patrol and a problem-solving use of foot patrol and a problem-solving

approachapproach

Police problems Then and Police problems Then and NowNow

BriberyBribery Lack of trainingLack of training Lack of controlLack of control Political controlPolitical control Lack of educationLack of education Brutality (no back up)Brutality (no back up)

2020thth Century Reforms Century Reforms Police uniforms first used in the US in Police uniforms first used in the US in

18531853 First telegraph boxes used in 1867First telegraph boxes used in 1867 1910 first police car was introduced 1910 first police car was introduced

in Akron Ohioin Akron Ohio Used by supervisorsUsed by supervisors Easier to get backup Easier to get backup

Reforms continuedReforms continued Substantial increase in pay for police Substantial increase in pay for police

officersofficers Administrative review boards first Administrative review boards first

established in early 1900sestablished in early 1900s Removed control of police from Removed control of police from

politicians and put it in the hands of the politicians and put it in the hands of the bureaucratsbureaucrats

Administrative Review Administrative Review BoardsBoards

Lessened the political influence on Lessened the political influence on hiring and promotionshiring and promotions

Held police accountable for their Held police accountable for their actionsactions

Professionalism In PolicingProfessionalism In Policing International Chiefs of Police (IACP) International Chiefs of Police (IACP)

founded 1893founded 1893 Advocated centralized organizational Advocated centralized organizational

structures and record keepingstructures and record keeping Curbed the power of precinct captains Curbed the power of precinct captains

who were under political controlwho were under political control

August VollmerAugust VollmerPolice Chief of Berkeley CAPolice Chief of Berkeley CA

Strong proponent of police Strong proponent of police professionalismprofessionalism

Strict department rulesStrict department rules High levels of training and educationHigh levels of training and education Strict disciplineStrict discipline Military type organizationMilitary type organization

Results Results Chief Vollmer’s department had a Chief Vollmer’s department had a

reduction in corruption reduction in corruption There was increased control over the There was increased control over the

police officerspolice officers This created incorruptible crime This created incorruptible crime

fighters who did not question the fighters who did not question the authority of the central commandauthority of the central command

History of Law and Law History of Law and Law EnforcementEnforcement

L.E. ClassL.E. ClassPMPM

Law Enforcement TodayLaw Enforcement Today 14,254 to 18,760 separate police 14,254 to 18,760 separate police

agencies in the U.S. agencies in the U.S. 3,100 Sheriff’s departments3,100 Sheriff’s departments Over 15,000 municipal police agenciesOver 15,000 municipal police agencies 1,376 special police forces including; 1,376 special police forces including;

animal cruelty, beach, harbor, hospital, animal cruelty, beach, harbor, hospital, housing, port, railroad, sanitation, school, housing, port, railroad, sanitation, school, transit, and transportation authorities. transit, and transportation authorities.

More than 1,000,000 people are More than 1,000,000 people are employed in policingemployed in policing

L. E. today continued…L. E. today continued… 49 state police agencies (all but 49 state police agencies (all but

Hawaii)Hawaii) 50 federal law enforcement agencies50 federal law enforcement agencies 623 Texas Constables623 Texas Constables

L. E. Today Continued…L. E. Today Continued… As of 2000 there were 675,734 sworn As of 2000 there were 675,734 sworn

officers and 294,854 civilians officers and 294,854 civilians annual budget of about $51 billion annual budget of about $51 billion NYPD is the largest with 39,520 officers NYPD is the largest with 39,520 officers

with the rank of lieutenant and belowwith the rank of lieutenant and below The majority of city police departments The majority of city police departments

are small – fewer than 50 employees are small – fewer than 50 employees and serve a population of less than and serve a population of less than 25,00025,000

More than 1,000,000 people More than 1,000,000 people are employed in policingare employed in policing

675,734 sworn officers and 675,734 sworn officers and 294,854 civilians as of 2004294,854 civilians as of 2004

Municipal Police Municipal Police Most police officers are city police Most police officers are city police NYPD is the largest with 39,520 NYPD is the largest with 39,520

officers lieutenant and below.officers lieutenant and below. NYC P.D. NYC P.D. 39,52039,520 NYC Transit NYC Transit 4,600 4,600 NYC SchoolNYC School 3,200 3,200 NYC HousingNYC Housing 2,700 2,700 NYC Port Authority NYC Port Authority 1,700 1,700

TotalTotal 51,72051,720

Municipal PoliceMunicipal Police Most officers work for smaller towns Most officers work for smaller towns Usually 50 or less officers Usually 50 or less officers Population of less than 25,000Population of less than 25,000 Over 800 departments have only 1 Over 800 departments have only 1

officerofficer Minneapolis Police: Approximately Minneapolis Police: Approximately

1200 officers1200 officers

Policing is expensive Policing is expensive $80,600 per year per officer (includes $80,600 per year per officer (includes

salary, benefits, and equipment)salary, benefits, and equipment) Annual cost to citizens – $179 per Annual cost to citizens – $179 per

personperson If you need four (4) officers to have at If you need four (4) officers to have at

least one officer on duty 24 hours a day least one officer on duty 24 hours a day what will that cost?what will that cost?

This dose not include vehicle costsThis dose not include vehicle costs

Policing is expensivePolicing is expensive According to the FBI Uniform According to the FBI Uniform

Crime Report 139 officers were Crime Report 139 officers were killed in the line of duty in 2004. killed in the line of duty in 2004.

History of Law and Law History of Law and Law EnforcementEnforcement

L.E. ClassL.E. ClassMr. HoldenMr. Holden

County Law EnforcementCounty Law Enforcement Usually a Sheriff’s department, some Usually a Sheriff’s department, some

have a county police departmenthave a county police department Except for Hawaii and Rhode Island Except for Hawaii and Rhode Island

county sheriff’s are electedcounty sheriff’s are elected In small population counties the In small population counties the

Sheriff is responsible for the jail and Sheriff is responsible for the jail and court servicescourt services

County Law Enforcement County Law Enforcement continuedcontinued

Law enforcement activities usually Law enforcement activities usually restricted to unincorporated areas of restricted to unincorporated areas of the countythe county

The cost of one deputy per year is The cost of one deputy per year is $107,900$107,900

The first state police The first state police Texas Rangers established in Texas Rangers established in

18351835 Colorado Mounted Rangers 1861Colorado Mounted Rangers 1861 PA Capitol Police 1895PA Capitol Police 1895 Arizona Rangers 1901 Arizona Rangers 1901 New Mexico Mounted Police 1905 New Mexico Mounted Police 1905 Pennsylvania Constabulary 1905 Pennsylvania Constabulary 1905

State PoliceState Police 26 agencies called Highway 26 agencies called Highway

Patrol and 23 agencies called Patrol and 23 agencies called State Police State Police

History of Law and Law History of Law and Law EnforcementEnforcement

L.E. ClassL.E. ClassAMAM

Why have a state police?Why have a state police? Most state police were created in the Most state police were created in the

early 1900s.early 1900s. This was in response to the highly This was in response to the highly

mobile criminal who now had access mobile criminal who now had access to automobilesto automobiles

Also created to help counteract Also created to help counteract corrupt county sheriff’s departmentscorrupt county sheriff’s departments

Minnesota State TroopersMinnesota State Troopers Created and trained by Earl Brown at Created and trained by Earl Brown at

his farm in Brooklyn Centerhis farm in Brooklyn Center Primary duties are to enforce traffic Primary duties are to enforce traffic

laws and investigate traffic accidentslaws and investigate traffic accidents They now have full police powers They now have full police powers

Federal Law EnforcementFederal Law Enforcement

No particular rank or hierarchyNo particular rank or hierarchy Each Federal agency has been Each Federal agency has been

created to enforce specific lawscreated to enforce specific laws

Federal Law Enforcement Federal Law Enforcement Agencies*Agencies*

Justice Department

Treasury Department

U.S. Marshals

INS

FBI

Bureau of Prisons

FDEA

Border Patrols

NCIC AFIS

Bureau of Customs

Secret Service

BATF

IRS

* Reorganization may occur soon (7/11/02)

Justice DepartmentJustice Department Headed by U. S. Attorney General ______.Headed by U. S. Attorney General ______. Justice Department agenciesJustice Department agencies FBIFBI DEADEA U.S. MarshalsU.S. Marshals Immigration and Naturalization ServiceImmigration and Naturalization Service Organized Crime and Racketeering UnitOrganized Crime and Racketeering Unit

FBIFBI Formed in 1908 to enforce the Mann ActFormed in 1908 to enforce the Mann Act They are limited to enforcing federal They are limited to enforcing federal

lawslaws Fingerprint filesFingerprint files Crime laboratoryCrime laboratory Compiles the Uniform Crime Reporting Compiles the Uniform Crime Reporting

statistics – (UCR)statistics – (UCR)

FBI continued…FBI continued… NCIC – National Crime Information NCIC – National Crime Information

CenterCenter NCIC keeps records of NCIC keeps records of all individuals all individuals

convicted of a crime in the U.S.convicted of a crime in the U.S. These records are available to all law These records are available to all law

enforcement agencies through out enforcement agencies through out the U.S.the U.S.

DEA DEA Drug Enforcement AdministrationDrug Enforcement Administration Was the Bureau of Narcotics and Was the Bureau of Narcotics and

Dangerous Drugs Dangerous Drugs Formed in 1914 to enforce the Formed in 1914 to enforce the

Harrison actHarrison act DEA established in 1973DEA established in 1973 They investigate illegal importation They investigate illegal importation

and use of drugs and use of drugs

U.S. MarshalsU.S. Marshals Provide federal court servicesProvide federal court services Transport prisonersTransport prisoners Enforce court ordersEnforce court orders

Organized Crime and Organized Crime and Racketeering UnitRacketeering Unit

Investigate mob and gang Investigate mob and gang activityactivity

Enforce federal racketeering Enforce federal racketeering lawslaws

Treasury DepartmentTreasury Department ATFATF IRSIRS Customs ServiceCustoms Service Secret ServiceSecret Service

ATF - Alcohol Tobacco and ATF - Alcohol Tobacco and Firearms Firearms

Control sales of untaxed Control sales of untaxed liquor and cigarettesliquor and cigarettes

Enforce firearms and Enforce firearms and explosives lawsexplosives laws

IRSIRS Internal Revenue ServiceInternal Revenue Service Enforces income, excise, stamp and Enforces income, excise, stamp and

other tax lawsother tax laws Investigate the unreported income of Investigate the unreported income of

drug dealers, gamblers and other drug dealers, gamblers and other illegal businessesillegal businesses

Customs ServiceCustoms Service Guards the U.S. ports of entry Guards the U.S. ports of entry

to insure no illegal or taxable to insure no illegal or taxable goods enter the countrygoods enter the country

Secret ServiceSecret Service Created to enforce counterfeiting lawsCreated to enforce counterfeiting laws Today they are also responsible for Today they are also responsible for

the protection for the protection of the the protection for the protection of the president, vice president, presidential president, vice president, presidential candidates and ex-presidentscandidates and ex-presidents

Private SecurityPrivate Security 1.5 million security guards in the 1.5 million security guards in the

U.S.U.S.Compare to 840,000 police Compare to 840,000 police officersofficers

Over 1 billion dollars are spent on Over 1 billion dollars are spent on private security each year.private security each year.

Two types of private Two types of private securitysecurity

Proprietary – a company that Proprietary – a company that has it’s own security forcehas it’s own security force

Contractual – an organization Contractual – an organization or company who contracts or company who contracts with a security company to with a security company to provide securityprovide security

ResponsibilitiesResponsibilities Alarm responseAlarm response Misdemeanor investigationMisdemeanor investigation Parking enforcementParking enforcement Body guardBody guard

ProblemsProblems Questionable impact on crimeQuestionable impact on crime Lack of training and Lack of training and

standardsstandards Private security may cause Private security may cause

additionaladditional problems for the problems for the policepolice

What is What is lawlaw?? LawLaw refers to all the rules of conduct refers to all the rules of conduct

established and enforced by the established and enforced by the custom, authority or legislation of a custom, authority or legislation of a group, community or country.group, community or country.

Law implies both prescription (rule) Law implies both prescription (rule) and enforcement by authority. and enforcement by authority.

In the United States, those who In the United States, those who enforce the laws are enforce the laws are notnot the same as the same as those who make them. those who make them.

Our Complex System of Our Complex System of LawsLaws

FormForm – written or unwritten common law – written or unwritten common law SourceSource – constitutional, statutory, case – constitutional, statutory, case Parties involvedParties involved – public, private – public, private OffenseOffense – criminal, civil – criminal, civil

Order of Authority of LawOrder of Authority of LawU.S. ConstitutionU.S. Constitution

Treaties with Foreign Treaties with Foreign PowersPowers

Acts of CongressActs of CongressState ConstitutionsState Constitutions

State StatutesState StatutesCommon Law/Case LawCommon Law/Case Law

The First AmendmentThe First Amendment““Congress shall make no Congress shall make no

law respecting an law respecting an establishment of establishment of religion, or prohibiting religion, or prohibiting the free exercise the free exercise thereof; or abridging thereof; or abridging the freedom of speech, the freedom of speech, or of the press; or the or of the press; or the right of the people right of the people peaceably to assemble, peaceably to assemble, and to petition the and to petition the Government for a Government for a redress of grievances.”redress of grievances.”

Freedom of ReligionFreedom of Religion Freedom of SpeechFreedom of Speech Freedom of the Freedom of the

PressPress Freedom of Freedom of

Peaceable Peaceable AssemblyAssembly

Freedom of PetitionFreedom of Petition

The Second AmendmentThe Second Amendment““A well regulated A well regulated

Militia, being Militia, being necessary to the necessary to the security of a free security of a free State, the right State, the right of the people to of the people to keep and bear keep and bear Arms, shall not Arms, shall not be infringed.”be infringed.”

Gun ownership Gun ownership issuesissues

The Brady LawThe Brady Law

The Fourth AmendmentThe Fourth Amendment““The right of the people to The right of the people to

be secure in their persons, be secure in their persons, houses, papers, and houses, papers, and effects, against effects, against unreasonable searches unreasonable searches and seizures, shall not be and seizures, shall not be violated, and no Warrants violated, and no Warrants shall issue, but upon shall issue, but upon probable cause, supported probable cause, supported by Oath or affirmation, by Oath or affirmation, and particularly describing and particularly describing the place to be searched, the place to be searched, and the persons or things and the persons or things to be seized.”to be seized.”

Requires probable Requires probable causecause

Forbids Forbids unreasonable unreasonable search and seizuresearch and seizure

Exclusionary Rule:Exclusionary Rule: Weeks v. United Weeks v. United

StatesStates Mapp v. OhioMapp v. Ohio

The Fifth AmendmentThe Fifth Amendment““No person shall be held to answer for a capital, or No person shall be held to answer for a capital, or

otherwise infamous crime, unless on a presentment or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor actual service in time of War or public danger; nor shall any person be subject for the same offence to be shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property without due process of law; nor shall private property be taken for public use, without just compensation.”be taken for public use, without just compensation.”

The Fifth AmendmentThe Fifth Amendment Guarantees:Guarantees:

Due process: substantive & proceduralDue process: substantive & procedural

Prohibits:Prohibits: Double jeopardyDouble jeopardy Self-incriminationSelf-incrimination

The Sixth AmendmentThe Sixth Amendment““In all criminal prosecutions, the accused shall In all criminal prosecutions, the accused shall

enjoy the right to a speedy and public trial, by enjoy the right to a speedy and public trial, by an impartial jury of the State and district an impartial jury of the State and district wherein the crime shall have been committed, wherein the crime shall have been committed, which district shall have been previously which district shall have been previously ascertained by law, and to be informed of the ascertained by law, and to be informed of the nature and cause of the accusation; to be nature and cause of the accusation; to be confronted with the witnesses against him; to confronted with the witnesses against him; to have compulsory process for obtaining have compulsory process for obtaining witnesses in his favor, and to have the witnesses in his favor, and to have the Assistance of Counsel for his defence.”Assistance of Counsel for his defence.”

The Sixth AmendmentThe Sixth AmendmentEstablishes requirements for criminal Establishes requirements for criminal

trials:trials: A speedy public trial by an impartial jury of A speedy public trial by an impartial jury of

one’s peersone’s peers Be informed of the nature and cause of the Be informed of the nature and cause of the

accusationaccusation Be confronted with and able to cross-examine Be confronted with and able to cross-examine

witnesses against one’s selfwitnesses against one’s self Subpoena witnesses in one’s defenseSubpoena witnesses in one’s defense Be represented by legal counselBe represented by legal counsel

The Eighth AmendmentThe Eighth Amendment““Excessive bail shall Excessive bail shall

not be required, not be required, nor excessive fines nor excessive fines imposed, nor cruel imposed, nor cruel and unusual and unusual punishments punishments inflicted.”inflicted.”

BailBail Cruel and unusual Cruel and unusual

punishment – punishment – issues regarding issues regarding the death penaltythe death penalty

The Ninth AmendmentThe Ninth Amendment““The enumeration in The enumeration in

the Constitution, of the Constitution, of certain rights, shall certain rights, shall not be construed to not be construed to deny or disparage deny or disparage others retained by others retained by the people.”the people.”

Government powers Government powers are limited by the are limited by the rights of the peoplerights of the people

The people have The people have zones of privacyzones of privacy safe safe from governmental from governmental intrusion – the right of intrusion – the right of privacy is guaranteed privacy is guaranteed by the Constitutionby the Constitution

The Tenth AmendmentThe Tenth Amendment““The powers not The powers not

delegated to the delegated to the United States by United States by the Constitution, the Constitution, nor prohibited by it nor prohibited by it to the States, are to the States, are reserved to the reserved to the States respectively, States respectively, or to the people.”or to the people.”

Embodies Embodies the the principle of principle of federalismfederalism

The Fourteenth AmendmentThe Fourteenth AmendmentSection 1.Section 1.

“All persons born or naturalized in the United “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are States, and subject to the jurisdiction thereof, are citizens of the United States and of the State citizens of the United States and of the State wherein they reside. No State shall make or wherein they reside. No State shall make or enforce any law which shall abridge the privileges enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, shall any State deprive any person of life, liberty, or property, without due process of law; nor deny or property, without due process of law; nor deny to any person within its jurisdiction the equal to any person within its jurisdiction the equal protection of the laws.”protection of the laws.”

The Fourteenth AmendmentThe Fourteenth Amendment Selective Incorporation DoctrineSelective Incorporation Doctrine

only those provisions of the Bill of Rights fundamental to only those provisions of the Bill of Rights fundamental to the American legal process are applicable to the states the American legal process are applicable to the states through the due process clausethrough the due process clause

the Second Amendment remains nonincorporated (i.e., the Second Amendment remains nonincorporated (i.e., not made applicable to the states)not made applicable to the states)

Due Process Due Process duplicates the Fifth Amendmentduplicates the Fifth Amendment

Equal ProtectionEqual Protection ““all people are created equal”all people are created equal”

Criminal LawCriminal Law

FelonyFelony::a serious crime a serious crime

generally punishable generally punishable by death or by death or

imprisonment for imprisonment for more than one more than one

yearyear

MisdemeanorMisdemeanor::a minor offense a minor offense

generally generally punishable by a punishable by a

fine or a short term fine or a short term of confinement, of confinement, usually less than usually less than

one yearone year

To prove a crime has been To prove a crime has been committed, it is usually committed, it is usually

necessary to prove:necessary to prove: Actus reusActus reus – material – material

elements of the criminal elements of the criminal actact

Mens reaMens rea – criminal – criminal intentintent

Criminal vs. CivilCriminal vs. Civil

CrimeCrime Public wrongPublic wrong State prosecutesState prosecutes Seeks to punishSeeks to punish Criminal intent Criminal intent

requiredrequired

TortTort Private wrongPrivate wrong Individual Individual

prosecutesprosecutes Seeks redress for Seeks redress for

injuryinjury Intent not Intent not

necessarynecessary

42 U.S.C. 42 U.S.C. §§ 1983 1983Anyone acting under Anyone acting under the authority of local the authority of local

or state law who or state law who violates another violates another

person’s person’s constitutional rights constitutional rights – even though they – even though they are upholding a law are upholding a law

– can be sued.– can be sued.(Section 1983 of 42 U.S. Code)(Section 1983 of 42 U.S. Code)