Law Enforcement

1. Law Enforcement The Organization and Issues of Policing in the United States

2. History of Policing in America • Law enforcement in America is modeled largely on the English model • Early law enforcement officials were village watchmen, constables, and sheriffs (short for “shire-reeve” which referred to person with overall responsibility for a shire) • These were citizen-dominated systems; e.g., the sheriff was required to own a substantial amount of property and reside in jurisdiction he enforced

3. Factors in the Development of the Police Department • Industrialization and urbanization • Urban riots • Increasing numbers of immigrants • Increased size and complexity of government

4. Three Historical Eras of American Policing • Political Policing Era—1830-1900 • Characterized by decentralized policing, service orientation and corruption • Professional Policing Era—1900-1965 • Characterized by elimination of political influence, higher personnel standards, scientific management principles, military style organization and creation of specialized units • Community Policing Era—1965-present • Characterized by greater sensitivity to needs of community, mandated by Supreme Court and cultural changes taking place in society

5. Organization of American Policing Private Policing Public Policing Citizen Policing

6. Public Policing • Public police are those employed by tax dollars • Found at all levels of government • Municipal Police • Make up the bulk of American police force • Most are small agencies • County Police • Sheriff’s departments • Sheriff is an elected office, giving them independent base of political power • State Police • Heavily involved in traffic enforcement • Specialized Police • Special jurisdictions, such as airports, parks, subways, etc. • Federal Law Enforcement • Some 63 federal agencies have police power

7. Private Policing • Private agencies have been used since mid-19th century;the first founded by Alan Pinkerton in 1858 • By the 1970’s, there were more private police than public police • Concerns about private policing: • Underpaid and undertrained • Little constitutional restraint on private police • Privatization of public policing functions • Widens the net of social control Alan Pinkerton

8. Citizen Policing • Involves private citizens, not especially trained for law enforcement • Carl Klockars identifies 4 specific modes of citizen policing: • Occasional avocational policing • Obligatory avocational policing • Volunteer avocational policing • Entrepreneurial avocational policing

9. Critical Issues in Policing-- Police Discretion • Police must use discretion in their work, at every level of policing • Both legal and extra-legal factors go into an officer’s decision • Seriousness of crime • Cooperation of victim and witnesses • Social status of complainant vs. victim • Demeanor of suspect • Etc. • Controversy surrounding police discretion has to do primarily with extra-legal factors

10. Critical Issues in Policing—Police Misconduct • Corruption • Kickbacks—exchange for referral of customers to businesses such as towing companies, ambulances, etc. • Opportunistic Theft—stealing items of value from suspects or victims • Protection money—payments taken to protect illegal businesses. • Abuse of Authority • Usually identified as use of excessive force, especially deadly force. Typically called police brutality • Importantly, most police encounters with citizens involve no violence. In fact, police presence usually reduces violence

11. Constitutional Issues in Policing: Search and Seizure • Procedure that involves the seizing and/or examination of one’s clothing, home, auto, other personal space for purposes of gathering evidence for a criminal prosecution. • Constitutional principle governing search and seizure is found in the Fourth Amendment and the Fourteenth Amendment • Requirements imposed by these two amendments: • Searches must be based on probably cause • Searches must be based on a valid warrant • Enforcement of the constitution is accomplished by: • Exclusionary Rule • Derivative Rule

12. Constitutional Issues in Policing: Detention and Interrogation • Three levels of detention: • Stop and frisk • brief detainment to ask questions or search one’s person • Court ruled in Terry v Ohio (1963) that if there is reasonable suspicion, officers may detain for questioning. • Court distinguished between a “frisk” and a full-scale search • Station house detention • taking a suspect to police station of purpose of photos, fingerprints and possible interrogation • Interrogation allowable only with probable cause • Arrest • Warrants are usually required and reasonable grounds for detention must be presented • Interrogation is governed by the Fifth Amendment • Tested in Miranda v United States (1966). Decision required that police adequately warn a suspect that any information offered could be used against him; has right to attorney, etc.