Introduction to Criminal Justice

Lesson 4: Emergence and Structure of Police Systems

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Lesson 1: Overview
Lesson 2: Crime
Lesson 3: Juvenile Justice
Lesson 4: Police History and Structure
Lesson 5: Modern Policing
Lesson 6: Polcing Issues
Lesson 7: Criminal Court
Lesson 8: Prosecution, Defense, and Pretrial
Lesson 9: Trial
Lesson 10: Corrections History and Structure
Lesson 11: Prison Life
Lesson 12: Probation, Parole, Community Corrections

Chapter 3: Emergence and Structure of Police Systems

 

History

 

Early origins of American policing traced back to English history. In medieval England, prior to Norman Conquest (William the Conqueror, 1066), formal policing was nonexistent. William and his successors brought a more centralized government along with the establishment of circuit courts and common law.

 

Frankpledge system: In old English law, a system whereby the members of a tithing had corporate responsibility for the behavior of all members over fourteen years old.

·        Tithings- Groups of 10 families banned together to protect one another

·        "Hue and cry"- call for help if there was a problem

·        Hundred: Group of 100 families (ten tithings) that had the responsibility to maintain order and try minor offenses

 

 

By 12th century, English society becoming more complex, resulting in the evolvement of:

·        Constable: An official who administered and supervised the legal affairs of a small community. Forerunners of today's police officers.

·        Watch system: Men working under the local constable who were organized (usually through a church) to patrol at night and guard against disturbances and "breaches of the peace". The watchmen and constables were primarily responsible to law enforcement in the cities.

·        Shire reeve: The senior law enforcement official in a shire (county). Forerunners of today's sheriffs.

·        Justice of the peace: Created in 1326 to assist the shire reeve. Eventually the constables (cities) and the shire reeves (counties) were primarily responsible for the law enforcement duties while the justice of the peace took on judicial functions.

 

Eighteenth-Nineteenth Century Developments

 

The industrial revolution lead to the population moving to the cities (urbanization). The result was crime, poverty, etc. The need developed for more effective law enforcement.

·        Henry Fielding organized the Bow Street Runners: They responded to crimes and conducted investigations and apprehended criminals. Forerunners of the first detectives.

·        1829: Sir Robert Peel established the first organized police force in England- The London Metropolitan Police Department. Its members were known as Bobbies (Robert) and coppers (copper buttons on their uniforms).

·         

American Development

 

The development of law enforcement in America paralleled that of England:

·        Sheriffs became to primary law enforcement officer in the counties.

·        Town marshals became responsible for law enforcement in the cities.

·        Vigilance committees (vigilantes) developed to assist in law enforcement and apprehension.

·        Due to urbanization and associated problems, police departments developed during the 19th century: Boston (1838), New York (1844), and Philadelphia (1854).

·        Early departments attracted immigrants (Irish) due to pay and status. They were controlled through local politics. The police during this period were generally untrained, unprofessional, and corrupt. Big city police were not well respected.

 

Reforms

 

Reform began at the turn of the 20th century:

·        International Association of Chiefs of Police (IACP): Formed in 1893 and became a leading voice for reform.

·        August Vollmer. Chief of Police in Berkeley, CA. Advocated officers having a college education. Helped to create the School of Criminology at UC in 1931.

·        O.W. Wilson: Began to apply modern principle of management to police administration. Wrote Police Administration- greatly influenced the subject of police administration. Many of the principles are still used today.

·        1960s and 70s: LEAA was created by the Safe Streets Act of 1968 partially as the result of the social turmoil of the 60s. The LEAA provided money to local agencies for improvement in technology, training, and education. Improvements were noticeable by the 70s.

·        1980s: Emergence of community policing concepts

 

Law Enforcement Today

 

Levels:

1.      Local: Municipal/County

2.      State

3.      Federal

 

Local

 

Most police agencies in the United States are small, the average size being about 25 sworn officers. The average size in Kentucky is about 10.

 

Examples (# sworn officers):

  • NYPD- 39,110
  • LAPD- 12,500
  • Lexington-Fayette County Division of Police- 500
  • Paducah PD- 80
  • Murray PD- 30
  • Lone Oak PD- 3 (full time)

 

Local law enforcement agencies generally derive their power from state law. The Commonwealth of Kentucky provides for the existence of local agencies through the Kentucky Revised Statutes:

 

95.019 Chief of police and police force to have common law and statutory powers of constables and sheriffs.

(1) The chief of police and all members of the police force in cities of the first through fifth classes shall possess all of the common law and statutory powers of constables and sheriffs. They may exercise those powers, including the power of arrest for offenses against the state, anywhere in the county in which the city is located, but shall not be required to police any territory outside of the city limits.

 

Sheriff: Considered the most important law enforcement officer in the county. Generally jurisdiction of a sheriff’s office is limited to the unincorporated area within a county. Sheriff positions across the county are often established by state constitutions. The sheriff, constable and other county offices are constitutional offices in Kentucky.

 

State

 

The role of most state police agencies is to patrol the highways and regulate traffic laws. However, some, like the Kentucky State Police, have general enforcement roles focusing primarily in the rural and unincorporated areas. They, therefore, often work closely with sheriff departments.

 

First state police agencies:

 

1835- Texas Rangers

1905- Pennsylvania State Police

 

Federal

 

Enforcement of criminal laws in the United States historically has been viewed as the function of states, although states may and do delegate some of their powers to local police agencies. The Constitution does not provide for a central police agency. It gives the federal government specific power over only a limited number of crimes. The Constitution also provides that all powers not delegated to the federal government are reserved to the states. The Constitution gives Congress the power to pass laws that are "necessary and proper" for the exercise of congressional powers. Over the years Congress has passed statutes on federal crimes, and the U.S. Supreme Court has upheld the power of Congress to do so.

 

Federal law enforcement includes federal prosecutors and federal police agencies. The federal policing level is complex and encompasses more than fifty enforcement agencies, which are located within the departments of agriculture, commerce, defense, interior, justice, treasury, and veterans affairs.

 

Some federal law enforcement agencies include:

 

Department of Justice-

·        Federal Bureau of Investigation

·        Drug Enforcement Administration

·        Immigration and Naturalization Service

·        Bureau of Alcohol, Tobacco and Firearms

Department of Treasury:

·        Secret Service

·        Customs Service

·        Internal Revenue Service

Others:

·        Food and Drug Administration

·        Securities and Exchange Commission

·        U. S. Postal Service

·        Fish and Wildlife Service

 

Future

 

General trends toward:

·        Decentralization- Creation of specialized units, substations, and direct response teams, community policing

·        Centralization- Consolidation of services

·        More civilian employees

·        New crime focus- more proactive in response to domestic violence, disorderly conduct and drug possession/dealing charges

·        New categories- high tech crimes

·        Efficiency- Police agencies will be forced to do more with less

·        Diversity. More minorities.

·        Movement toward the use of more private security

 

Technological changes:

·        Computer aided identification systems.

·        Information technology. More computers and computer analysis.

·        DNA profiling.

·        Administration/communications/training.

 

Community Policing

 

Community Policing: A policing philosophy involving a partnership between the police and communities to solve problems.

 

 

Elements of Community Oriented Policing:

·        Increased interaction with citizens through foot patrol, bicycle patrols, and substations.

·        Problem solving. (May involve altering recruitment and training.)

·        Decentralization.

·        Power sharing. (E.g., citizens work with police to solve crimes.)

·        Inverted pyramid effect.

·        Reduce community fear.

·        Pro-action rather than reaction