Chapter 1

1. Policing in America 7th Edition Chapter 1 The Police in American Society

2. Introduction • The primary shapers of the American police institution are society and government. • Society is the totality of networks and patterns of social interaction occurring between members of a bounded social group, including those interactions within organizations and institutions.

3. Introduction • Government is a political institution of the state that uses organization, bureaucracy, and formality to regulate social interactions and is most often recognized among societies that emerge as nation-states.

4. Introduction • Many great political thinkers of the 1700s and 1800s spent considerable time examining the role of the state and government in society.

5. Introduction • Political philosophers such as John Locke, Thomas Hobbes, and Jean-Jacques Rousseau developed lengthy works on the ideal relationship between government and society. • Collectively, these theories are called the social contract.

6. Introduction • Under the social contract, members of society are assumed to have entered an agreement to create the state and a government to acquire security and order for the entire society. • By entering into such a contract, citizens are said to surrender certain natural rights and vest government with the power to maintain social stability and protect the interests of its members.

7. Introduction • In exchange for relinquishing the right to use physical force – for defense and to secure the necessities of life – members of society expect the government to provide an effective system for regulating conduct and creating forums for resolving conflicts between

8. Introduction • Conduct against the social good, whether by citizens or government, that violates the spirit of the social contract, requires political change, social control, and, in some cases, formal sanction.

9. The Government Structure and Policing • Police institution operates within a governmental structure. • Have a tendency to be • Politically centralized • Paramilitary in appearance and operation • Vested with authorities and powers that are not usually subject to formal review

10. Constitutional Government • Places restrictions on what police officers can do when enforcing the law or investigating crime. • Amendments • 4th • 5th • 6th • 14th

11. Police and the Law • Substantive Law • Refers to criminal statutes that define which behaviors are acceptable and which behaviors are unacceptable in our society. • Procedural Law • Refers to laws that prescribe how police officers apply substantive laws.

12. Police and the Law • Civil Law • Regulates social interactions arising from private, commercial, or contractual relations. • Case Law • Refers to the written opinions of the courts.

13. Police in the Criminal Justice System • The criminal justice system is composed of three primary components: • Police, • Courts, and • Corrections.

14. Police in the Criminal Justice System Attributes of a System (Strecher, 1997) • Goal-Seeking • Goal-Quantifiable • Components Parts • Interactive • Consonant • Synergistic • Steady-State • Open or Closed • Self-Monitoring, Self-Correcting • Data-Based

15. Police in the Criminal Justice System Source: BJS (2010). and Employment Statistics. U.S. Department of Justice—Office of Justice Programs.

16. Roles Performed by the Police • Four primary roles • Law Enforcement; • Order Maintenance; • Provision of Miscellaneous Services; and • Convenience Norm Enforcement.

17. Roles Performed by the Police • Herman Goldstein (1977) • To prevent and control conduct widely recognized as threatening to life and property • To aid individuals who are in danger of physical harm • To protect constitutional guarantees • To facilitate the movement of people and vehicles

18. Roles Performed by the Police • Herman Goldstein (1977) • To assist those who cannot care for themselves • To resolve conflict • To identify problems that have the potential for becoming more serious problems for the individual citizen, for the police, or for government • To create and maintain a feeling of security in the community

19. Police Activities Source: Parks, R., S. Mastrofski, C. Dejong, and M. Gray (1999). “How Officers Spend Their Time with the Community.” Justice Quarterly, 16::483-518.

20. Styles of Police Departments • Wilson (1968) • Watchman-style • Legalistic-style • Service-style

21. Diversity of the Police Establishment • Local • State • Federal

22. Federal Law Enforcement Agencies There are approximately 65 different federal law enforcement agencies employing about 105,000 men and women (BJS, 2006).

23. Justice Department Agencies Federal Bureau of Investigation Drug Enforcement Administration U.S. Marshal Service Bureau of Alcohol, Tobacco, and Firearms

24. Justice Department Agencies The Federal Bureau of Investigation (FBI) was created in 1908 as the Bureau of Investigation. FBI http://www.securityprivacyandthelaw.com/uploads/image/fbi_1.png

25. Justice Department Agencies The FBI’s top priorities include: Protect the United States from terrorist attack. Protect the United States against foreign intelligence operations and espionage. Protect the United States against cyber-based attacks and high technology crime. Combat public corruption at all levels. Protect civil rights.

26. Justice Department Agencies The FBI’s top priorities include: Combat transnational and national criminal organizations and enterprises. Combat major white-collar crime. Combat significant violent crime. Support federal, state, county, municipal, and international partners. Upgrade technology to successfully perform the FBI’s mission.

27. Justice Department Agencies Other responsibilities of the FBI are: The Uniform Crime Reporting (UCR) system – which collects national statistics on crime, criminals, and criminal justice agencies. The National Crime Information Center (NCIC) – which serves as a national database for wanted persons, wanted and stolen vehicles, and stolen property.

28. Justice Department Agencies In 1914, Congress passed the Harrison Act, which regulated opium, morphine, heroin, and cocaine. The Miscellaneous Division within the Internal Revenue Service was created in1919 (Lyman & Potter, 2007). This unit was the first American law enforcement unit devoted to drug enforcement. The Narcotics Division was created during Prohibition. DEA http://www.legitscript.com/images/blog/58/248px-Dea_color_logo.JPG

29. Justice Department Agencies The DEA has nine major responsibilities in its mission statement: Investigation and preparation for prosecution of major violators of controlled substances laws operating at interstate and international levels; Investigation and preparation for prosecution of criminals and drug gangs who perpetuate violence in our communities and terrorize citizens through fear and intimidations; Management of a national drug intelligence system in cooperation with Federal, state, local, and foreign officials to collect, analyze, and disseminate strategic and operational drug intelligence information;

30. Justice Department Agencies The DEA has nine major responsibilities in its mission statement: Seizure and forfeiture of assets derived from, traceable to, or intended to be used for illicit drug trafficking; Enforcement of the provisions of the Controlled Substances Act as they pertain to the manufacture, distribution, and dispensing of legally produced controlled substances; Coordination and cooperation with federal, state, and local law enforcement officials on mutual drug enforcement efforts and enhancement of such efforts through exploitation of potential interstate and international investigations beyond local or limited Federal jurisdictions and resources;

31. Justice Department Agencies The DEA has nine major responsibilities in its mission statement: Coordination and cooperation with other Federal, state, and local agencies, and with foreign governments, in programs designed to reduce the availability of illicit abuse-type drugs on the United States market through non-enforcement methods such as crop eradication, crop substitution, and training of foreign officials; Responsibility, under the policy guidance of the Secretary of State and U.S. Ambassadors, for all programs associated with drug law enforcement counterparts in foreign countries; and Liaison with the United Nations, Interpol, and other organizations on matters relating to international drug control programs (DEA, 2008).

32. Justice Department Agencies The office of U.S. Marshal was established by the Judiciary Act of 1789 and is the oldest federal law enforcement agency in existence. The Act provided that each judicial district would have one marshal who would in turn select deputy marshals to assist him as needed. U.S. Marshal’s Service http://www.usmarshals.gov/images/usms-seal-300.jpg

33. Justice Department Agencies The USMS seizes property as the result of both criminal and civil actions to satisfy judgments issued by the federal courts; provides physical security for federal courtrooms and protects federal judges, attorneys, and jurors; transports prisoners to and from federal penal institutions and courts; protects government witnesses during court proceedings, especially when their testimony might jeopardize their lives; and execute federal, state and local arrest warrants.

34. Justice Department Agencies The Bureau of Alcohol, Tobacco, and Firearms (ATF) was created in 1972 by order of the Treasury Department. The order mandated that the ATF enforce all Treasury laws relating to alcohol, tobacco, firearms, and explosives. ATF http://cleanupatf.org/blogs/wp-content/uploads/2009/04/atf_crest.gif

35. Justice Department Agencies The ATF has had two primary functions: regulation and collection of taxes related to alcohol and tobacco; and the investigation of crimes related to firearms and explosives.

36. Department of Homeland Security After September 11, 2001, more than 100 units and bureaus from other departments were transferred to the Department of Homeland Security. DHS http://scrapetv.com/News/News%20Pages/usa/Images/department-of-homeland-security-logo.jpg

37. Department of Homeland Security Law enforcement agencies within the DHS: U.S. Secret Service Border and Transportation Directorate Emergency Preparedness and Response Directorate Science and Technology Directorate Information Analysis and Infrastructure Protection Directorate

38. Transportation Security Agency The primary responsibilities of the TSA are to protect our nation’s transportation systems including: aviation, waterways, rail, highways, public transportation, and pipelines. The TSA attempts to ensure that the freedom of movement for people and commerce.

39. U.S. Customs and Border Protection The primary mission of the CBP is the prevention of terrorists and terrorist weapons, including weapons of mass destruction, from entering the United States. Included in this mission is the apprehension of undocumented immigrants and smugglers of immigrants from entering the United States. US Customs and Border Protection http://www.ticklethewire.com/wp-content/uploads/2009/12/border-protection.png

40. U.S. Secret Service The Secret Service was established in 1865 – two years after the United States adopted a national currency – with the mission of capturing counterfeiters. U.S. Secret Service http://www.renamae.com/wp-content/uploads/2010/05/us-secret-service-gift-shop.png

41. U.S. Secret Service The USSS also has authority to investigate credit card and computer fraud. The USA PATRIOT Act increased the Secret Service’s role in investigating fraud and related activity in connection with computers.

42. U.S. Secret Service The Act also authorizes the Director of the Secret Service to establish nationwide electronic crimes taskforces to assist the law enforcement, private sector, and academia in: detecting and suppressing computer-based crime; increases the statutory penalties for the manufacturing, possession, dealing, and passing of counterfeit U.S. or foreign obligations; and allows enforcement action to be taken to protect our financial payment systems while combating transnational financial crimes directed by terrorists or other criminals.

43. Citizen and Immigration Services The USCIS is responsible for the administration of immigration and naturalization adjudication functions and establishing immigration services policies and priorities. These functions include: adjudication of immigrant visa petitions; adjudication of naturalization petitions; adjudication of asylum and refugee applications; adjudications performed at the service centers, and all other adjudications performed by the INS.

44. Immigration and Commerce Enforcement Immigration and Customs Enforcement (ICE) was created by combining the law enforcement arm of the Naturalization Service and the former Customs Service. By protecting our national and border security, ICE seeks to eliminate the potential threat of terrorist acts against the United States. ICE http://www.worldnewsheardnow.com/wp-content/uploads/2010/08/ICE-immigration-customs-enforcement-agent.jpg

45. Immigration and Commerce Enforcement ICE accomplishes this objective by: Dismantling gang organizations by targeting their members, seizing their financial assets, and disrupting their criminal operations. Investigating employers and targeting illegal workers who have gained access to critical infrastructure worksites (like nuclear and chemical plants, military installations, seaports, and airports). Investigating fraudulent immigration benefit applications and fraudulent illegal document manufacturing.

46. Immigration and Commerce Enforcement ICE accomplishes this objective by: Investigating the illegal export of U.S. munitions and sensitive technology. Investigating criminal organizations that smuggle and traffic in humans across our borders. Ensuring that aliens who have been ordered removed depart the U.S. as quickly as possible.

47. Immigration and Commerce Enforcement ICE accomplishes this objective by: Destroying the financial infrastructure that criminal organizations use to earn, move, and store illicit funds. Targeting and intercepting counterfeit products smuggled into the United States. Providing support to state and local law enforcement community in the areas of forensic documents and cyber crimes.

48. Federal Emergency Management Agency The Federal Emergency Management Agency (FEMA) is responsible for responding to disasters in the United States. FEMA is activated once the President declares an area a disaster. Historically, the agency has responded to numerous natural disasters such as hurricanes, floods, tornadoes, and earthquakes.

49. U.S. Coast Guard Historically, the primary responsibility of the U.S. Coast Guard was the enforcement of maritime laws. Today, the U.S. Coast Guard has been expanded to watch for threats to our security.

50. U.S. Coast Guard The U.S. Coast Guard protects the homeland by: Protecting ports, the flow of commerce, and the marine transportation system from terrorism; Maintaining maritime border security against illegal drugs, illegal aliens, firearms, and weapons of mass destruction; Ensuring that we can rapidly deploy and resupply our military assets, both by keeping Coast Guard units at a high state of readiness, and by keeping marine transportation open for the transit assets and personnel from other branches of the armed forces;