JUST 2012, Exam One Notes
JUST 2012, Exam One Notes JUST 2012
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This 10 page Class Notes was uploaded by Kimberly Notetaker on Wednesday February 3, 2016. The Class Notes belongs to JUST 2012 at East Carolina University taught by Keri Grimsley in Spring 2016. Since its upload, it has received 67 views. For similar materials see Police and Society in Law and Legal Studies at East Carolina University.
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Police and Society Police in a Democracy Police in a Democracy o Democracy= consensus, freedom, participation, equality o Policing = regulation, restriction, and imposition of authority “democracy is always hard on the police” However, it can also be said that police are hard on democracy What is meant by the above statements? o Government expected to serve people, but police give unwanted services (orders, tickets, arrests) o People want to be free to do as they please, but police can take freedom o Everyone is considered equal, but police have more power o Result is police are often confronted with hostility, opposition, and criticism even when effectively and fairly performing job Democratic Policing o The administration of justice is a product of all three branches of government: the executive, the legislative, and the judicial Executive branch= the enforcement of laws Legislative branch= law creation, appropriating funding (congress) Judicial branch= sentencing of offenders; interpretation of laws o Pluralistic v. Elitist perspectives Pluralistic perspective: (consensus) Debates, bargains, and compromises determine allocation of resources Police are a benevolent institution that helps implement laws that result from political contests Elitist perspective: (conflict) Only limited number of people have real influence- resulting in preferential treatment for influential, discrimination for those with little or no influence Police exist to protect the powerful and repress everyone else The exercise of power is based on the law Democracy and the Rule of Law o Laws come in a variety of forms, including the following Civil laws: concerned with relationships between individuals Contracts, business transactions, accidents Criminal laws: concerned with the relationship between the individual and government: behaviors that violate criminal law pose a threat to public safety and order Speeding, theft, assaults o Substantive law (substance= behavior) Identify behavior, either required or prohibited and punishment for failure to abide by law (DWI is prohibited, can result in imprisonment and suspension of license) o Procedural law Govern how the police enforce the substantive laws (amount of evidence needed for arrest= PC) Restrict power of government to prevent police abuse of power Unequal resources/power between government and individual- gov more resources and public support than person who committed a crime In order to balance this out, procedural law attempts to “level the playing field” by enforcing PROCEDUREES and rules LE must follow. Many times derived from constitution o Case law Written rulings of appellate courts-interpretations of law and citizen’s constitutional rights Constitutional Amendments o Fourth Unreasonable searches and seizures o Fifth Double jeopardy; self-incrimination o Sixth Speedy and public trial; right to counsel/confront witnesses o Eighth Protection from excessive bail/cruel and unusual punishment Policing, Terrorism, and Homeland Security o The impact of September 11, 2001 o Priorities= counterterrorism and homeland security USA patriot act Increased collaboration between agencies across different levels Federal agencies pushed to the forefront of law enforcement The policing system o The policing system is made up of a range of actors across a variety of entities: Citizen-police officers Assist LE officers Vigilantes Public police: government agencies Private police: bank guard, armed security, mall security Public police: who work in private capacity: movie theater, night clubs shopping malls Organizational Structure o There are almost 18,000 public police agencies in the US This equates to an average of 360 agencies per state o >60 federal agencies with enforcement or investigative powers o The most common type of county law enforcement = sheriff o Importantly, American policing is highly decentralized (dispersed, independent from each other agency, regionalized) o Municipal police is the most common local type of agency (city police) o The typical police department in the United States is o 90% of American law enforcement agencies <100 officers o About 837,000 sworn law enforcement officers nationwide About 74% are employed by local agencies Other Law enforcement agencies o A wide variety of law enforcement agencies exist Tribal police Public safety agencies Consolidated agencies Regional police Special-jurisdiction police (OJJ) Contract law enforcement Task forces Similarities and Differences o Local police have most employees, cost the most money, deal with most reported crime, tend to have a closer relationship with citizens o State police are spread farther apart, not as closely connected to local community, have focus on traffic safety (highway patrol) o Federal agencies are mainly investigative Police role and purpose o The police role and purpose is influenced by 4 expectations Legal expectations: laws provide basic framework, but there is officer discretion Organizational expectations: training, policy, procedure, peers, police, culture Community expectations: change over time, based on citizens priorities and preferences Individual expectations: police officer’s own beliefs Law Enforcement or Politics? o Politicastmodel 1 view= law and police serve the interest of the powerful 2ndview= focus on responsiveness and individualization takes into consideration the uniqueness of problems/issues Individualized, preferential treatment, discrimination o Legalistic or reform/professional model Relationship must be structured or bureaucratic Rule oriented; assumes that justice is a product of consistent application of laws o Community-policing model Responsive without preferential treatment Crime Fighting or social service? o Debate surrounding the question of whether police should fight crime or provide social services Answer to this impacts policing in a variety of important ways How do the views of officers with a crime fighter mentality differ from those who embrace a social service mindset? Importantly, officers do not always fall into one category The workload of police can be classified in 4 categories: Crime control Law enforcement Order maintenance Service Proactive or reactive o Proactive policing emphasizes police-initiated activities o Reactive policing emphasizes responses to calls for assistance Which of these is more compatible with democracy? Reactive interferes with personal freedoms the least, but also provides citizens with the least protection Police and Society Police History Early Policing o The earliest forms of policing were highly informal o Kin policing Family, clan, or tribe enforced rules and norms of conduct Each member of the group had some authority to enforce informal rules What was the nature of punishment during this time? Harsh-cut off hands for stealing, branding forehead o Nightwatch Group of citizens patrolling at night looking for fires, disruptions, disturbances, and other problems Individuals were appointed to conduct investigations, make arrests, collect taxes o Sheriffs were appointed by the kind in 12 -century England Levied fines and ensured that the frankpledge system worked What was the frankpledge system? Goal was to keep order Tithings (10 families) Hundreds (10 tithings) – eventually became Parishes Several hundreds (shires) – similar to modern day counties Under Frankpledge system posse comitatus were formed when there was a need to apprehend fleeing felons (men over 15 y/o) Constables were eventually mandated to assist the sheriff Conducted investigations, served warrants, took change of prisoners, etc. Much of this work was unpaid and unpopular, however Others often paid to do work of appointed; often old, poor, inefficient o More likely to be sleeping or in a pub instead of patrolling o This system stayed in place until 1800s th Policing in 19 -Century England o 19 -century policing in England became model for US policing o Henry Fielding and the Bow Street Runners Fielding was among first to believe that police can prevent crime st Bow street runner – 1 police investigators Divided police into 3 units: foot patrols in inner city; horseback patrols for 15 mile radius around city, plain clothes men who responded to crime scenes for investigations- aka Thief takers o Sir Robert Peel and the Metropolitan Police Act (18st) Peel’s efforts resulted in the creation of 1 modern stye organized police force Military structure Sought to employ competent personnel Met with resistance-fear of government abuse of authority (secret police existed in other countries- France) Peelian Principles o Police must be stable, efficient, organized along military lines (many departments still have military structure) o Police must be under government control o The absence of crime proves efficiency of police o The distribution of crime news is essential o Essential to deploy police strength by time and area (hot spot policing) o No quality is more indispensable to a policeman than a perfect command of temper; a quiet, determined manner has more effect than violent action o Good appearance commands respect (personal grooming policies) o The securing and training of proper persons is at the root of efficiency (college education) o Public security demands that every officer be given a number (call #s) o Police headquarters should be centrally located and easily accessible o Policemen should be hired on a probationary basis o Police records are necessary to the right distribution of police strength (data driven policing) The Emergence of Modern Policing in the United States o The English colonists brought their system of policing with them in 1600s and 1700s That is, offices of justice of the peace, sheriff, constable, and nightwatch o US system gradually shifted from volunteer citizens to paid specialists o Result of growing population and complex society needs attempting to master the physical environment and cope with human problems Economic, social, technological changes o Public began to be more concerned about deviant/disruptive behavior The First City Police Forces o In the mid-1800s, many cities created paid police forces o 4 theories explain the development of police departments Disorder-control theory- need to suppress mob violence; riots were common Crime-control theory- increases in criminal activity resulted in perceived need for a new type of police; threats to social order (highway robbers, pickpockets) created a climate of fear Class control theory (elitist, conflict) – police were developed as a result from class-based economic exploitation; advocates note that urban and industrial growth coincided with creation of “new police”; many different social and ethnic groups competing for opportunities- this prompted middle and upper class white Anglo-Saxon Protestants to develop a means to control the people Urban-dispersion theory- new police systems were created because other cities had them, not that there was a need o US police departments generally focused on the Peelian concept of prevention (as opposed to apprehension) Dispersed police throughout the community to keep crime from occurring, intervene when it did occur o Differences between US and British police were due to Social context: the US was more violent-not controversial in U.S. like Britain. Public wanted police Political environment: US politicians were more meddlesome Law enforcement policies: US departments were decentralized- local policies/procedures- not controlled by one entity (Fed government), expected to be locally responsive The County Sheriff o By 1870s, most cities had formed police departments In rural areas, however, sheriffs elected to enforce the law Served court orders, collected taxes, looked after prisoners in jail, apprehended criminals individuals in this position were powerful and influential in western states city/town police were called marshals modern sheriff departments have the following responsibilities collecting some type of taxes (not all counties, however) providing personnel and security for the courts operating jails and other correctional facilities maintaining peace and order and providing general law enforcement Vigilance thmmittees o 19 -century policing also saw private, organized groups called vigilante committees o Vigilante= Spanish origin meaning “watchman” or “guard” Voluntary association of men organized to respond to real or imagined threats to safety, protect their property, seek revenge Vigilante movements most common in American West Occasionally reasonable, but often discriminatory and brutal Lynching originally used as word for public shippings carried out by Colonel Lynch, head of the vigilante movement in 1700s Formed episodically as needed Not a lawless mob-vigilantes were composed of social elite with purpose of enforcing values Andrew Jackson and Theodore Roosevelt served on vigilantes Modern Day Policing o Political era and reform era The Political Era th o The political era existed from the mid-18 century to the 1920s Oriented to special interests, decentralized, neighborhood- oriented Police practices and services determined by political consideration Who was employed, promoted, chief, etc… all influenced by politics Authority from powerful local politicians Political and economic corruption were common in police departments Arrest practices and warrant services were determined with political considerations Features of the Political Era o Kelling and Moore (1988) identified features of the Political Era (1701- 1920) Police derived their authority from local politicians who utilized police to retain their power Police engaged in a variety of functions: included crime control, but social service was considered for police to maintain legitimacy (taken seriously, considered correct, lawful) by the public Police had a decentralized organizational structure-neighborhood oriented; standards of enforcement varied within cities Police tactics included foot patrol and investigations o Police had close and personal relationships with citizens-often officers knew the families of offenders- this was taken into account when deciding enforcement actions. Sometimes requests for police services were channeled through local politicians Local politicians-played more important role in enforcement priorities than police chiefs o Police were evaluated by citizens’ level of satisfaction o Patronage system: police jobs were a reward for supporting a particular political party. Instead of working most would frequent pool halls and bars- useful during elections (maintained order at polls, determined who voted) Progressive Era o Mid-1890s-1920s: bridge between political and reform era o All city government services began to come under criticism for corruption, increase in crime, population congestion, inadequate housing, health problems, waste disposal o Religious leaders and upper/middle class civic minded business and professional people argued political power should change hands o Reform model was based on industrial management principles (at this time American industry was great success) o Argued Government should be honest and efficient, one standard of conduct for everyone More authority for public officials, less for politicians Use of experts to respond to specific problems o Police departments shifted from political model to bureaucratic, legalistic, reform model The Reform Era o The 1920s saw an increasing emphasis on reform o 1920s-1960s were arguably most significant era of policing given the movement toward professionalism o Professionalization: the attempt to improve police behavior and performance by adopting a code of ethics and improving selection, training, and management of police departments Crime fighting should be the primary strategy of the police- instead of a kaleidoscope of services Importance of selection, training, and management of police o Reform model: (professional, bureaucratic, legalistic, semi-military model)- police/community relationships should be based on law and departmental policies because police should not be unduly influenced by politics or personal considerations when making decisions o Crime fighting should be the primary purpose of the police o Relationship between police and public became distant since close ties were seen as counterproductive to the main police purpose of crime control o Crime commissions advanced the professionalism movement o Commissions were created when there was a concern about police behaviors o Citizens and experts were appointed to conduct investigations and recommend changes in police practices o Chicago Crime Commission (1919)- permanent o Wickersham Commission (1929)- August Vollmer (pg. 42-43) o President’s commission on Law Enforcement and Administration of Justice o The significance of the Great Depression Reduced funds made it easier to centralize police, which made it easier for chiefs to control their officers Minority Perspective on the Development of American Police o The history of policing focuses attention on what occurred in the Northeast, which misses important pieces of the puzzle Policing in the south What was unique about the south? Slave patrols-to apprehend run-away slaves Policing on the Western frontier What was unique about the West? Rural isolation and faced raids from Native Americans- purpose TX Rangers were created o As late as the 1960s, minority police officers were relegated to policing “black neighborhoods” State Police o Formation of state police is an important piece of policing history Texas and Massachusetts were only states with state police before 1900 Pennsylvania eventually followed suit in 1905 More states formed state police in 1920s; by 1960, nearly all states had New responsibilities also began to form o Highway patrols- enforcement of traffic laws o As the highway system grew, there was a need for statewide authority because many roads were outside the jurisdictions of cities State police v. highway patrol State police= criminal investigators, may have police force, criminal intelligence, forensics Highway patrol = traffic and wrecks Federal Law Enforcement o The revenue cutter service and US Marshall service Smuggling (moving goods into/out of country illegally) Fed. Court security, investigated mail theft, crimes against RR, murders on Fed land, Box 2.6 o Postal inspectors-crimes involving mail were significant problem (stealing money from mail, counterfeit stamps) o Secret service- counterfeit money, became significant problem when U.S. went to one standard currency o Federal Bureau of Investigation- created to help take responsibilities from Secret Service, later became the general investigative agency for the federal government Additional Federal Law Enforcement Agencies o Bureau of alcohol, tobacco, firearms, and explosives o Drug enforcement administration o Internal revenue service o US customs and border protection o US park police o US park rangers