An Overview of Law Enforcement - Chapter 4
An Overview of Law Enforcement - Chapter 4 CORR 106
Minnesota State University, Mankato
Popular in Introduction to Criminal Justice Systems
Popular in Criminology and Criminal Justice
This 11 page Class Notes was uploaded by Autumn R on Sunday February 21, 2016. The Class Notes belongs to CORR 106 at Minnesota State University - Mankato taught by Jessica, Mclaughlin in Spring 2016. Since its upload, it has received 16 views. For similar materials see Introduction to Criminal Justice Systems in Criminology and Criminal Justice at Minnesota State University - Mankato.
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Date Created: 02/21/16
An Overview of Law Enforcement- Chapter 4 Wednesday, February 10, 2016 5:03 PM Reading: Development of Policing No single agency has oversight responsibility for all of the different police agencies There is no central authority Three branches Jurisdiction refers to the geographic limits in which officers of the agency are empowered to perform their duties o Ex. Municipality, county or state Three major divisions o Federal, state, and local Federal Law Enforcement Enforce only federal laws Federal law enforcement agencies have been developed to handle the enforcement of federal laws o Under control of the executive branch of the federal government Federal Jurisdiction and Police Powers Only two federal law enforcement agencies when the US was founded o Us marshals service o Us postal inspection service o 1861 secret service added o 1908 FBI established o 1973 Drug enforcement agency added Military police o Perform law enforcement duties on military bases, certain federal lands, and in certain cases involving military personnel o Uniform code of military justice: what the military justice and law enforcement are based on rather than on the state or federal criminal codes Tribal police o Limited jurisdiction on reservations o Each native American reservation has the legal authority to establish its own to provide policing services o Bureau of Indian affairs Mission is to enhance the quality of life, promote economic opportunity, and to carry out the responsibility to protect and improve the trust assets of the Indians Founded in 1824 o Office of Tribal Justice Created in 1995 by the attorney general Coordinate tribal issued for the Department of Justice Intended to increase the responsiveness of the DOJ to Native American tribes and citizens Federal Civilian Law Enforcement Agencies Approximately 50 US Marshals Service o One of the first federal law enforcement agencies established by the Judiciary Act of 1789 o Provide security for federal courts, serve papers of the federal courts, and enforce federal laws o Posse comitatus is the power to deputize civilians and military troops for law enforcement purposes o Today… performs specialized services that other law enforcement agencies have not taken over Ex. Movement and custody of federal prisoners US Postal Inspection Service o Responsible for the security of the US mail and mail carriers and for investigation of mail fraud o Postal inspectors Have power of arrest, search and seizure, and the authority to carry firearms US Secret Service o Initially under Department of the Treasury when its primary duties related to investigating the widespread currency violations that followed the Civil War o Starting in 1894 started informal part-time protection of president Cleveland o Started full time presidential duty after assassination of president McKinley in 1901 FBI o Created by Roosevelt in 1908 o To provide detective services to the executive branch of the government o Became more serious in 1930 during the "war on crime" against many gangsters o Through certain acts the FBI has been able to grow in responsibilities o Does not have control or jurisdiction over state and local police agencies o Operates the largest training academy in the US for law enforcement agencies o Maintains the National Crime Information Center, the nation's largest database of computerized criminal information o See new FBI priorities on page 75 Bureau of Alcohol, Tobacco, Firearms and Explosive (ATF) o Stemmed from need to enforce tax laws on alcohol and tobacco Drug Enforcement Administration (DEA) o Founded in 1973- one of the newest federal law enforcement agencies o Mission is to enforce controlled substances laws and regulations and to bring to criminal and civil justice systems of the US, or any other competent jurisdiction, those organizations and principal members of organizations involved in the growing, manufacture, or distribution of controlled substances Almost give the DEA world-wide jurisdiction o "war on drugs" is the new emphasis The State Police Legal jurisdiction is determined by legislation Three types o Traffic enforcement, general criminal investigations, and special investigations Highway Patrol State police agencies that focus on traffic enforcement Limited to enforcing the traffic laws and promoting safety on the interstate highways and primary and secondary roads of the state Have power of arrest, search and seizure, and are authorized to carry firearms Commonly called "troopers" Criminal Investigation Focus on the investigation of crimes more appropriate for an agency with statewide jurisdiction o Ex. Drug crimes, organized crime, serial murders State police can have jurisdiction for investigation of crimes when the municipal or county police appear to be biased County Law Enforcement Agencies Sheriff's office is the oldest local law enforcement agency in the US o Only law enforcement chief executive who obtains his or her position by election o Elected to four year terms o Called the chief law enforcement officer of the county Administrative Structure of the Sheriff's Department Deputy sheriff officers help the sheriff carry out the duties of the office Undersheriff is second in command Law Enforcement Duties of the Sheriff Performing law enforcement duties, serving as officers of the court, and operating the county jail Today it is often the municipal police who assume responsibility for law enforcement and the sheriff's department that provides police services for citizens who live in unincorporated or rural areas of the county The City Police: "The Cops" Many refer to the municipal police although many don't recognize the difference between them, state police, and deputy sheriffs Local police department account for 60% or sworn personnel Jurisdiction of Local (Municipal) Police Outside city limits the power to carry out certain actions may not be recognized Have authority to enforce both local and state laws Authority is often based on common law rather than statutory law Roles of Local Law Enforcement Most common include traffic laws, investigating accidents, patrolling, property crime, violent crime and responding to requests for service and order maintenance De facto responsivity because they are 24/7 Order maintenance is when law enforcement officers use informal conflict resolution skills to defuse conflicts between citizens and restore order Administrative Structure of the Municipal Police pyramid shaped command and control organizational structure Chief of police obtains position by appointment o "serve at the pleasure of the mayor or the city council" Deputy chief is second in command and is selected by the chief 3-Major, 4-captain, 5-lieutenant, 6-sergeant, 7-corporal, 8-police officer Sworn personnel are police officers who have police powers of arrest and search and seizure and the authority to carry a firearm Nonsworn personnel are employees such as office workers, paraprofessionals, and technicians Selection of Police Officers and Career Paths Takes months to complete o Screening, examinations, tested, observed, stressed, and evaluated in many ways o Fitness tests No universal hiring process that must be used by local police agencies, however, agencies have adopted a uniform set of hiring procedures Law Enforcement Education Program College education is starting to be a standard Law enforcement assistance administration program (LEAA) promoted the emphasis on college educated police officers o College students in justice education could obtain student loans to attend the college of their choice The Police Academy and In-Service Training The police academy is where law enforcement candidates receive specialized training in various subjects necessary to fulfill their responsibilities as law enforcement officers Career Paths Lateral transfers are changes in the duties the officer performs and the unit to which he or she is attached, but no changes are made in his or her rank or pay grade o Often based on seniority or length of service rather than competitive civil service exams Promotions for higher-level ranks within law enforcement agencies are filled from lower ranks o Why entry level positions are so important o Limits an officer from moving from agency to agency Unique Aspects of Employment in Law Enforcement Shift Work Geographical based units or departments As officers rotate from district to district he or she must adapt to the challenges and demands of the new district Multiple time-based shifts due to the need to deliver round the clock service o Often 3, 8 hour shifts Stress and Danger Long term interaction with people in crisis can impact the personality and mental health of law enforcement officers Threat of injury or death is the most serious stressor Internal affairs investigation unit is a special unit whose mission is to investigate the actions of officers for the purpose of recommending disciplinary actions or criminal prosecution Suicide by police is when citizens construct situations in which law enforcement officers are forced to fire on them o Victim is often suffering from some emotional, physical, or mental illness and wants to end his or her life but does not want to commit suicide Move and shoot are high tech simulations that mimic real world scenarios where officers must respond to the simulated environment to detect and respond to threats Special Police and Private Protection Services Special Police Have limited jurisdiction in geography and in police powers Ex. Airport, park, transit, public school, university, public housing, and alcoholic beverage control agency police and special investigative units Have had little impact or influence on the development of the criminal justice system Often neglected by the public unless there is media attention due to scandal or a horrific crime Private Protection Services Ex. Merchants, railroads, banks and even the federal government need professional, competent security and investigative services About 3 times as many private agencies as there are public law enforcement agents Vary from military-like trained and unarmed security officers who spend their days looking for shoplifters and handling unruly customers Two types o Proprietary services are security forces that are owned and managed by a company Usually characteristic of large companies, are actual employees of the company o Contract services are security personnel who work for a third-party company and are hired by another company to provide specific services at the direction of the client Not sworn law enforcement officers Do not have the power of arrest and search and seizure Authority to carry firearms varies with the laws of the state Private investigators are licensed by the state and are authorized to conduct investigations o Do not have police powers o Large companies have some full-time to investigate theft Regulated by state laws and are self-regulating Operational Strategies Style of policing should be viewed as closely related to the type of city government and community expectations Police strategies reflect a department's values which reflect community values Watchman style focused on maintaining order and was associated with declining industrial communities Legalistic style focused on law enforcement and professionalism and was associated with reform-minded cities with mixed socioeconomic communities Service style focused on protecting a homogenous community against outsiders o Associated with suburban, middle-class communities Team Policing Adopted due to the mistrust of the police and doubts about their professionalism Assigned teams of officers to a specific geographic area with the charge to ensure public safety, maintain order, and deliver community services to the residents of that community Team commander and the team were provided with broad decentralized decision-making authority to enable them to respond to the needs of the local community Peaked in 1970 and quickly faded Established foundation for community policing Community Policing Goal: to eliminate public disenchantment with police services and criticisms of the lack of police professionalism What is it? Common characteristics (not one true definition) o Focus on decentralized strategies that promote crime prevention rather than rapid response, crime investigation, and apprehension of the criminal o Focus on promoting the quality of life of the community and public order rather than law enforcement o Use alternative other than arrest and force to solve the problem rather than respond to the symptoms of the problem Broken Windows and Zero Tolerance Underlying theme is partnership between the police and the community and a focus on quality of life rather than crime fighting Broken window theory is based on an interesting experiment in which an automobile was parked in a neighborhood and left unattended o Broken window sends message of "nobody cares- other acts of vandalism are okay" o Letting small disorder and disruptive behaviors go signifies that nobody cares about the community which leads to more serious disorder and crime Zero-tolerance strategy is strict enforcement for minor violations of the law o Sends the message to more serious lawbreakers that they will surely bring prompt police action Police Partnership and Public Order Rapid response time an ineffective crime-fighting strategy according to studies Police often surprised at community expectations Problem-Oriented Policing Emphasizes attacking the root problem that causes crime o Increased effectiveness by attacking underlying problems that give rise to incidents that consume patrol and detective time o Reliance on the expertise and creativity of line officers to study problems carefully and develop innovative solutions o Closer involvement with the public to make sure the police are addressing the needs or citizens Proactive instead of being reactive Resolving the problems or issues that promote crime rather than arresting offenders Based on the premise that the police cannot arrest enough offenders to create a high quality of life within the community Scanning, analysis, response, and assessment (SARA) Community policing strategy based on a highly modified model of the scientific method that attempts to identify the root cause of crime in a community 1 Scanning a Gather data to define the problem 2 Analysis a Determine the nature of the problem, causes, and possible solutions 2 Response a Work with people, groups and agencies to implement solutions 2 Assessment a Follow up on the initiatives taken Challenges of Community Policing Requires that decision making be decentralized in the police administrative structure o Problems solved through decisions made by the lowest-ranking people in the organization Decentralization of Decision Making Need for Retraining Crime Displacement versus Elimination Minority Communities Tyranny of Neighborhoods The Future of Community Policing Notes off PowerPoint: Myths about police Media coverage Popular culture The responsibilities of the police Enforce laws o Public's belief this is the primary role o Self-perception of police, why people join the law enforcement^^ o Research shows 50% enforcing law or dealing with crime Crimes of disorder rather than violent or property o Other 50% Paperwork, traffic, medical assistance Provide services o Community o "serve and protect" o 20% Mental illness or intoxicated Prevent crime o Community response to increased crime More punishment Police should 'do something' o Deterrence People thinking through a crime and becoming aware of the consequences that would come of it o War on crime Poverty Unemployment Inequality Politics… drive what is criminal Preserve the peace o 'Handling the situation' Arrest Threat Coercion sympathy Public perception of the police Most visible representatives of the CJ system Most people's only contact with the CJ system Warn against view as agents of crime control "Situationally justified force in society" Major divisions (FBI priorities page 75) Federal o Military o Tribal o Civilian State Local Considerations Shift work Stress/danger Public scrutiny Sexual harassment Operational Styles Watchman Legalistic service Community policing Focus on crime prevention Quality of life in community/public order Not just arrest and force; want to solve the problem Broken window theory Zero-tolerance Partnership Problem-oriented policing SARA o Scan o Analysis o Response o assessment
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