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The POLICE

The POLICE Gatekeepers to the CJ system HIGH VISIBILITY HIGH DISCRETION Tension between wanting “effective” police and respecting individual freedom Precursors to Modern Police England (prior to Norman Conquest) Pledge system Hundreds  “constable” Shires  “shire reeve”

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The POLICE

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  1. The POLICE • Gatekeepers to the CJ system • HIGH VISIBILITY • HIGH DISCRETION • Tension between wanting “effective” police and respecting individual freedom

  2. Precursors to Modern Police • England (prior to Norman Conquest) • Pledge system • Hundreds “constable” • Shires  “shire reeve” • Changes in the 13th Century • Night Watchmen • Justice of Peace

  3. Early American Law Enforcement • Followed the English Model • County Sheriff most prominent • Many duties • Paid by a “fee system” • In larger cities • Night Watchmen • Town Marshal

  4. The Birth of Modern Policing • England, 1829 • Sir Robert PeelLondon Police force of 1,000 officers • Distinctive uniforms, military structure • Led by a “commissioner”

  5. Early American Police Departments • Development of police agencies prompted by mob violence. • Gentry feared restlessness of the underclass. • Fear of urban street crime produced demands for greater police protection. • First Police Department opened in Boston in 1838

  6. Early American Police Departments • Police were incompetent, disliked and corrupt. • Primary functions were to: • serve as enforcement powers for reigning political powers • protect private property • control the rising number of foreign immigrants

  7. 20th Century American Policing Major movements in policing: • Public concern about police corruption led to reform efforts • August Vollmer • Technological advancements • telegraph boxes, motorcycles and police cars

  8. Current Law Enforcement—The “FEDS” • The FBI • The Mann Actinvestigators to enforce • Eventually, organized as FBI under Hoover • Responsible for investigating all violations of federal laws that are not covered by other agencies • Bank Robberies • Civil Rights Violations

  9. Other Federal Law Enforcement • The Drug Enforcement Administration • Result of Harrison Act • U.S. Marshals • INS • ATF • Secret Service

  10. Between Federal and Municipal • County Law Enforcement • Sheriffs Office • Responsible for policing non-city areas • State Police • Every state but Hawaii • Power/function depends upon strength of Sheriff

  11. Metropolitan (city) police • Large variation in size • New York City = 36,000 officers • Average city = 50 or fewer officers • Police Departments are typically their own political entity • BUT, chief is appointed by mayor

  12. Functions of the Police • PATROL • Since beginning, police have “patrolled a beat” • Purpose is to DETER crime • KC Preventative Patrol • Directed Patrols or Saturation Patrols • Investigation • Proactive vs. Reactive • Effectiveness?

  13. Functions of the Police • Patrol • Investigation • Administration/Paper work • “Social Work” activities

  14. Investigation • Another example of the “wedding cake?” • Most Critical = information at crime scene • Bulk of time is spent on reports Clearance Rate

  15. The “Other” police functions • Traffic Control • “Social Work Activities” • Order maintenance, problem solving • James Q Wilson “Handling the Situation” • THE IRONY is that within police departments, the social work function is often considered “bullshit work”

  16. The Role of PoliceWhat Should Police be Doing? • Traditional Legalistic Model • Patrol and respond to calls • Viewed as “real police work” • The latest reform = “community oriented policing”

  17. The Theory of Community Oriented Policing • Wilson and Kelling • The “Broken Windows Thesis” • Implication of “broken windows for policing?” • The goal of policing should be to help maintain communities and solve community problems • Take care of “little stuff” (order maintenance) • Improve community communication/input

  18. Implementing COP ProgramsThe Practice of COP • Team Policing • Foot Patrols • Community “Sub-stations” • COP Officers Assigned to Neighborhoods • “Order Maintenance” Programs

  19. Problem Oriented Policing • Herman Goldstein coined this term. • Similar to C.O.P.Police should “solve problems” in a particular neighborhood. • Example: NYC Domestic Violence Program • Crime Specific “Crackdowns” • Targeting Crime “Hot spots”

  20. Effectiveness of C.O.P. or Problem Orientated Policing • Effectiveness Sketchy at Best • Some C.O.P. programs have improved community relations and reduced fear of crime. • Some Problem Oriented Policing programs have suppressed/reduced crime in certain locations. • Order Maintenance crackdowns have strained community-police relations in some areas.

  21. Police and the Rule of Law • Procedural Laws in Policing • Miranda rights • Search and Seizure • Police Use of Force

  22. Search and Seizure • In order to search people, cars, or homes, police generally need a warrant • Exceptions • Incident to Arrest • “Stop and Frisk” • Automobile Search • Consent Search • “Plain View”

  23. Police Use of Force • Coercive Force is a Part of Policing • How much force is necessary in a situation? • Most “use of force” is non-lethal • The use of Deadly Force • Tennessee v. Garner (1985) “Fleeing Felon”

  24. The “Police personality”? • The Stereotype = cynnical, racist, conservative, hostile • Empirical Evidence not Clear • Explaining the “police personality” • Individual traits (selection effect) • Police Subculture

  25. Police Discretion • What factors influence decision to arrest? • Community Level Factors • Departmental Factors • Situational Factors • Legal Factors • “Extra-Legal” Factors (Race, Class, Demeanor) • Van Mannen “The Asshole”

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