Chapter 5 History and Structure of American Law Enforcement Chapter Objectives • After completing this chapter, you should be able to: – Briefly describe the jurisdictional limitations of American law enforcement. – Trace the English origins of American law enforcement. – Discuss the early development of American law enforcement. Chapter Objectives • • • • Describe the major developments that have occurred in American policing. Describe the structure of American law enforcement. Explain the relationship between the FBI and the Department of Homeland Security. Discuss the development and growth of private security in the United States. The Limited Authority of American Law Enforcement • • • • The United States has almost ______________ public law enforcement agencies. The jurisdiction of each agency is carefully __________ by law. • Jurisdiction: The right or ______________ of a justice agency to act in regard to a particular subject matter, territory, or person. Law enforcement is also limited by the ___________________ law derived from U.S. Supreme Court decisions. In comparison with other democratic nations of the world, the United States has remarkably ______________ police agencies that operate under far more restrictions on their authority. 1 • • Like much of the criminal justice system, model came from _____________. English Roots this limited law enforcement Our familiar law enforcement system, in which uniformed officers respond to calls for help and plainclothes detectives investigate, _________________ over hundreds of years in England. The Tithing System • By the twelfth century in England, the practice of resolving disputes privately gave way to a system of group ________________, called the tithing system. – Tithing System: A _____________ self-held protection system in early medieval England, in which a group of _________ families, or a tithing, agreed to follow the law, keep the peace in their areas, and bring law violators to justice. • In larger areas, ten tithings were grouped together to form a ________________, and one or several hundreds constituted a shire. – The shire was under the direction of the _________ reeve. – The shire __________ was assisted by posses. Shire Reeve and Posses • • • Shire Reeve: In medieval England, the chief law enforcement officer in a ______________ area called a shire. – Later called the _____________. Posses: Groups of able-bodied ______________ of a community, called into service by a sheriff or constable to ____________ and apprehend offenders. The Constable-Watch System The Statute of _________________, in 1285, formalized the constable-watch system of protection. 2 – One man from each ____________ was selected to be constable. – Citizens were drafted as (unpaid) ______________, and were required to come to the aid of a constable or watchman who called for __________. • A system of protection in early ______________ in which citizens, under the direction of a constable, or chief peacekeeper, were required to guard the city and to pursue criminals. – Constable: The __________________ in charge of protection in early English towns. The Constable-Watch System • • • • • • Two elements of this system made their way to the American colonies: • • The people were the _______________. The organization of the protection system was ___________. The Bow Street Runners In 1748, a London magistrate named Henry ____________ (best known for his writings, including the novel Tom Jones) founded the ____________ publicly funded ____________________ force in a district of London known as Bow Street. The Bow Street ___________________ paved the way for a more professional response to crime. The ________________ Revolution brought a huge influx of people into London, and along with them, increasing poverty, public disorder, and crime. In 1829, Parliament created the London ________________ Police, a 1,000-member professional force. The police became known as ________________ or peelers after Robert _____________, the British Home Secretary, who had prodded Parliament for their creation. 3 The London Metropolitan Police • • • • • • The police were organized around _____________ Principles of Policing. The London Police were organized according to military __________ and structure. The police were under the command of __________ magistrates (later called commissioners). The main function of the police was to prevent crime by preventive ______________ of the community. Robert Peel’s Principles of Policing The Development of American Law Enforcement The United States has more ________________ departments than any other nation in the world. Virtually every community has its own _____________ force, creating a great ______________ in the quality of American police personnel and service. Early American Law Enforcement • • • • • Settlers of the new American _______________ brought with them the constable-watch system, which became common (although not necessarily effective) in cities. In many rural areas, a sheriff and _____________ system was commonly used. America developed with _______ separate law enforcement systems. Law Enforcement in the Cities The Industrial Revolution brought a flood of people to American ______________, often immigrants. ____________________ and unhealthy living and working conditions led to fights, ______________, and riots. 4 • • • • • • • • • • Americans _________________ the establishment of a public police force. Plainclothes watchmen did not try to _______________ or discover crime. Municipal Police Forces In 1844, _____________________ created the first paid, unified police force in the U.S. Other cities followed suit, creating their own police departments, often merely an organization of the existing _____ and night watch. It was not until after the ____________ War that police forces routinely began to wear uniforms, carry nightsticks and even carry firearms. Tangle of Politics and Policing Until the 1920s in most American cities, local ___________ leaders maintained complete control over the police force. The political and police systems in many cities were ___________. Jobs, politics, and law enforcement all depended on paying money to the __________ person. A Brief History of Blacks in Policing For most of American history blacks who have wanted to be police officers have faced blatant ______________ and have generally been denied the opportunity. The first black police officers in the United States were “_________ men of color.” – They were hired around ________ to serve as members of the New Orleans city watch system. A Brief History of Blacks in Policing • By 1910, there were fewer than __________ black police officers in the United States, and most of them were employed in northern cities. 5 • • • • • • • • It was not until the 1940s and ___________ that black police officers began to be hired routinely in most northern and southern U.S. cities. Law Enforcement in the States and on the Frontier Without large population centers to patrol, law enforcement was more likely to respond to specific situations: – Rounding up _________ rustlers – Capturing escaped ___________ The basic structure of police units with ___________ responsibilities grew out of this system Southern Slave Patrols In the South, the earliest form of policing was the plantation __________ patrols. – – The earliest form of policing in the _________. They were a product of the slave __________. Slave codes prohibited slaves from: • • • • holding ______________. leaving the plantation without _____________. traveling without a ___________. learning to _____________ and write. Slave patrols often _______________ and terrorized slaves. Frontier Law Enforcement In the American frontier, justice often meant ______________. Self-protection remains very popular in the South and ____________. State Police Agencies • Growing ___________________, as well as the inability of some local sheriffs and constables to control crime, led states to create their own 6 law enforcement agencies. • • • • • Texas officially created the _____________ in 1835. ____________________ established the first modern state law enforcement agency in 1905. By the ______________, every state had some form of state law enforcement agency. Professionalism and Reform Until the late nineteenth century, there were no ___________________ required for law enforcement officers. _____________________ was the first city to require qualifications of police officers: – High _____________ character – _________________ Professionalism and Reform • • • • It was not until the early 20th Century that reformers began advocating training and __________________ for police officers. Reformers also aimed to remove the police from _______________ influences. Conflicting Roles Americans have never been sure what role they want police officers to play. Police have acted as: – peacekeepers – social ______________ – crime fighters 7 – public servants Conflicting Roles • • • • • In the nineteenth century, police acted as peacekeepers and social service agents, feeding the __________ and housing the homeless. In the 1920s, police began to focus on __________-fighting. In the 1960s, the civil rights movement often resulted in violent ______________ between police and citizens. Four blue-ribbon commissions studied the police in the U.S. from 1967 to 1973. The reports recommended: – Careful _______________ of law enforcement officers. – Extensive and _________________ training. – Better ________________ and supervision. Community Policing • • A contemporary approach to policing that actively involves the community in a working partnership to control and _______________ crime. A desire to actually improve neighborhoods led to the modern concept of community policing, which involves: – – – • A problem-oriented ______________ aimed at handling a broad range of troublesome situations. Greater emphasis on ___________ patrols. Building a ______________________ with citizens, so they would be more willing to help the police. Compstat Compstat is an abbreviation for “_______________ stats” or “computer statistics meetings” 8 • Based on 4 interrelated crime-reduction principles: • • • • • provide accurate and timely crime data to all levels of the police organization choose the most effective ________________ for specific problems implement those strategies by the rapid __________________ of personnel and resources diligently evaluate the _______________ and make _________________ to the strategy if necessary The Structure of American Law Enforcement American law enforcement agencies are extremely diverse in: – Jurisdictions. – ___________________. – Employers (hospitals, colleges, transit authorities may have their own police). Public Law Enforcement Agencies in the United States Local Policing and Its Duties • • • If people know a law enforcement agent at all, it is probably a _____________ police officer, but it is doubtful that even they understand what local police officers in America really do, besides what they see on television and in movies. Municipal Police Departments Most police departments in the United States employ fewer than ________ sworn officers. Most police officers: – In 2003, 69.4% of full-time sworn officers were __________ men. – In 2003, a high school diploma or higher education was 9 ________________ by 99% of the local police departments. Characteristics of Local Full-Time Police Officers Local Police Duties • Four categories of local police duties are: • • • • • Law enforcement—investigating crime and ____________ suspects. Order maintenance or peacekeeping—controlling crowds, intervening in ______________ disputes. Service—escorting funeral processions, taking people to the ______________. 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 ___________ of the agency. – The degree of _________________. – The philosophy the _________________ has chosen. – The political context of the department. – The history and preferences of a particular _______________. Organizational Structure • • • • Large departments have __________ specialized departments. _____________ departments rarely have specialized departments, or officers trained in complex investigation. Police departments are usually organized in a ___________ structure. Some people think a military structure does not fit police work because the work is so varied, and the structure _______________ the flow of communication. The Political Context of Policing 10 • • • • • • • Police departments are part of larger governments. Municipalities generally operate under one of four forms: – – – – ____________ Mayor-Council __________ Mayor-Council City __________ ______________ Each style of government varies in the amount of ___________ citizens have over their leaders, including the chief of police. County Law Enforcement A substantial portion of law enforcement work in the United States is carried out by the __________ departments. In 2003, the nation had ___________ sheriffs’ departments, employing 330,274 _______________ personnel. Characteristics of Sheriffs’ Personnel County Law Enforcement Functions County sheriff and department personnel perform many functions: – – – – – – – ______________ crimes Supervising _______________ offenders Enforcing criminal and ___________ laws Serving summons, ____________, and writs Providing __________________ security Transporting _____________ Operating a county _____________ Politics and County Law Enforcement Most sheriffs are directly ______________ and depend on an elected board of county ___________________ or supervisors for funding. Sheriffs generally have a _______________ hand in running their 11 agencies than do police chiefs. State Law Enforcement • • • State law enforcement agencies provide criminal and ____________ law enforcement, and other services particular to the needs of that state government. In 2003, the ________ primary state law enforcement agencies (Hawaii has no state police agency) had 82,419 employees State Law Enforcement Each state has chosen one of ________ models for providing law enforcement services: – ____________ Police Model: • Example: Texas Rangers – ______________ Patrol Model: • • • • Example: California Highway Patrol State Police Model Highway Patrol Model __________ Police Model: – A model of state law enforcement services in which the agency and its officers have the _____________ law enforcement powers as local police, but can exercise them anywhere within the ____________. ______________ Patrol Model: – A model of state law enforcement services in which officers focus on ____________ traffic safety, enforcement of the state’s traffic laws, and the investigation of _______________ on the state’s roads, highways, and on state property. State Law Enforcement Both state police and highway patrol agencies perform the following services: – Help regulate commercial ____________. 12 – – – • • • Conduct ______________ investigations. Protect the ______________ and the capitol grounds and buildings. Administer computerized information _____________ for the state, which link up with the National Crime Information Center (NCIC) run by the ______. Federal Law Enforcement Among the best-known __________ law enforcement agencies are: – – – – FBI U.S. _____________ Service Treasury _________________ Drug _______________ Agency As of September 2004, federal agencies employed nationwide about ____________________ full-time personnel authorized to make arrests and carry firearms. Major differences between federal law enforcement and local and state police are: – Federal agencies operate across the ___________. – Federal agencies usually do not have ________________ duties. – Some federal agencies have very ______________ jurisdictions. Training Federal Law Enforcement Officers • • The Federal Law Enforcement _____________ Center (FLETC) is the ________________ law enforcement-training establishment in the United States. It provides some or all of the training for a majority of ______________ law enforcement agencies, as well as for many ___________, local and international law enforcement agencies. The Department of Homeland Security 13 • • • The United States Congress responded to the terrorist attacks of September 11, 2001, by enacting the ________________ Security Act of 2002. The act established the Department of ________________ Security (DHS). According to the legislation, this new executive department was created to: • • • Prevent ______________ attacks within the United States. Reduce the vulnerability of the United States to ___________. Minimize the _____________, 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 ___________ point regarding natural and manmade crises and ______________ planning. Ensure that the functions of the agencies and subdivisions within the department that are not related directly to securing the homeland are not _______________ or neglected except by an explicit act of Congress. Ensure the overall _________________ security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland. Monitor connections between illegal drug ______________ and terrorism, coordinate efforts to ____________ such connections, and otherwise contribute to efforts to interdict illegal drug trafficking. The Department of Homeland Security has five major divisions, or “directorates”: • • Border and ______________ Security (BTS) Emergency _______________ and Response (EPR) 14 • • • • • • • Science and _______________ (S&T) Information Analysis and ___________________ Protection (IAIP) __________________ Department of Homeland Security Organization Chart The Department of Homeland Security One of the first efforts of DHS was the creation of a ____________coded warning system to alert citizens to the ______________ of a terrorist attack. Through the efforts of the Department of Homeland Security, law enforcement agencies at all levels of government, and vigilant American citizens, acts of terrorism can be ______________ in the future. Homeland Security Advisory System American Private Security Private ________________ in the United States is a huge enterprise. It has been estimated that _____________ as many people work in private security as in public law enforcement. American Private Security • Private security employment is often categorized two ways: • • _______________ Security: • Example: security guards hired for a college football game _______________ Security: • Example: the security force for a corporation’s manufacturing plants 15 • • • • • _______________ Security: Protective services that a ____________ 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 ___________ officers. Proprietary Security: In-house protective services that a security staff, which is not classified as sworn peace officers, provide for the entity that ________________ them. Private Security Officers In 2000, there were more than one ______________ private security officers. A private security officer’s duties vary and depend on the employer’s particular ______________. Private security officers may protect: – Office _____________ – ____________ garages – _____________ – Schools Reasons for Growth • A number of factors have stimulated the ___________________ growth of private security since the 1970s: – – – – Declining ________________ for public policing. The ______________ nature of crimes in the workplace. • Companies can _________________ and hide crimes by employees. Better control and ____________________ to the problem, particularly within a business. Fewer ____________________ limitations on the actions of private security officers. 16 Issues Involving Private Security • A number of unresolved problems and issues hamper the private security industry: – Legal status and authority derive from the rights of the ____________. • Private security has few constitutional _____________ and can be held civilly liable. – Public policing in a private capacity. • • • Sworn officers often work for _______________ companies, blurring the lines of responsibility and liability. ________________ and training vary widely. Diminished ____________ responsibility – The government may not be living up to its responsibility to provide for the general welfare. Private Security's Role in the Fight Against Terrorism • • Private security officers are often the first line of ______________ against terrorism in the United Sates. They ______________ government buildings, utilities, schools, courts, corporate headquarters, office complexes, laboratories, and transportation facilities. 17