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David Ford Avon Ct
 Tribes or clans
 Customs and traditions
 Chieftains had executive, legislative and
judicial powers
 Crimes committed handled by individual
or family
 Punish the offender
• There was no attempt at rehabilitation.
Punishment was strictly to extract revenge and
as an example to others
• Some of the punishments included; Boiling in oil,
Flaying, Impalement, Burning at the stake,
Stoning, Branding, Mutilation, & Crucifixion
A system of law and law enforcement
began earlier than 2000 B.C. as a means
to control human conduct and enforce
society’s rules. Keeping the peace was
the responsibility of the group.
c. 2300 B.C. Lipit Ishtar, Sumerian Ruler, setLipit Ishtar, Sumerian Ruler, set
standards for conduct.standards for conduct.
1.    If a man entered the orchard of another man and was seized
there for stealing, he shall pay ten shekels of silver.
      2.    If a man cut down a tree in the garden of another man, he shall
pay one-half mina of silver.
      3.    If a man married his wife and she bore him children and those
children are living, and a slave also bore children for her master but the
father granted freedom to the slave and her children, the children of the
slave shall not divide the estate with the children of their former master.
      4.    If a man's wife has not borne him children but a harlot from the
public square has borne him children, he shall provide grain, oil and
clothing for that harlot. The children which the harlot has borne him shall
be his heirs, and as long as his wife lives the harlot shall not live in the
house with the wife. *This is the earliest known codified provision for child
support.
 Sumerian ruler Eshumma set standards
on what constituted an offense against
society.
• debt bondage was limited to three years
• maximum prices were established for basic
commodities, including beer
• Wages were fixed by law, as were fees charged
by housebuilders, physicians, veterinarians, boat
caulkers and leasers of work animals, wagons
and boats…
 The code of Hammurabi
• Set offenses and punishments
• The original legal principal lex talionis
(an eye for an eye)
• “The strong shall not injure the weak”
If a builder builds a house for a man
and does not make its construction firm
and the house collapses and causes the
death of the owner of the house––that
builder shall be put to death. If it causes
the death of a son of the owner––they
shall put to death a son of that builder. If
it causes the death of a slave of the
owner––he shall give the owner a slave
of equal value. If it destroys property he
shall restore whatever it destroyed and
because he did not make the house firm
he shall rebuild the house which
collapsed at his own expense.
 First police force established by Emperor
Augustus.
• Used Roman soldiers
• Praetorian guard to protect the palace
• Urban Cohort to patrol the streets
 The Twelve Tablets c. 451-450 B.C.
• IV. 1 "A dreadfully deformed child shall be killed."
IV. 2 "If a father surrender his son for sale three times, the son shall be
free."
V. 1 "Our ancestors saw fit that "females, by reason of levity of
disposition, shall remain in guardianship, even when they have
attained their majority."
V. 8 The inheritance of a Roman citizen-freedman is made over to his
patron, if the freedman has died intestate and has no natural
successor.
VI. 1 When a party shall make bond or conveyance, what he has
named by word-of-mouth that shall hold good.
VI. 2 Marriage by `usage' (usus): If a man and woman live together
continuously for a year, they are considered to be married; the woman
legally is treated as the man's daughter.
VIII. 26 "No person shall hold meetings in the City at night."
 Origins of American law and policing
 The middle ages
• Crimes viewed as personal wrongs
• Compensation was paid to victims families
• Enforced by land owners
• Punishment varied from local to local
• Law designed to provide equitable solution
• Only concern was to maintain the peace
 Protection of life and property was a personal
responsibility
 The pledge system was in use
• Each person pledged to protect the village against
thieves and marauders
• Expected to raise a hue and cry to warn of trouble
 Ten families grouped together for
protection was called a tithing
 Supervised by a tithing man who acted as
mayor, council and judge
 Only two laws enforced – murder and
theft
 They were supervised by a constable
• Could be considered the first real police officer
• They dealt with serious breaches of the law
 Two separate courts established
• Church courts handled cases considered to be
sins
• Courtleet (Manor Court) handled secular or
crimes against the king
 Appointed by the King
 Used prior punishment to decide cases
 Used local rules and customs
 These were called shires
 Each district was presided over by a
reeve
 Tithing system was modified into the
Frankpledge system
 Required loyalty to the King’s law
 Mutual responsibility of all free
Englishmen to maintain the peace
 Under the frankpledge system the shire-
reeves were relieved of judicial duties
L.E. Class
 Leges Henric – set certain crimes as
being against the King’s peace
 Government now was getting involved in
crimes previously considered personal
 Created position of Circuit Judge
 Juries made up of local landowners
• Decided cases on evidence presented
• Investigated crimes
• Brought accusations against suspects
• Gave testimony against suspects
 Applied to all the subjects of the land
• (excluding the wealthy and the ruling class)
 Made and enforced the law
 Consistently evolving legal code (every
time a judge changed his mind)
 New laws were created to fit a particular
case
 The new law could be and was frequently
retroactive
 Created the watch and ward system
• Imposed a curfew – gates of the city were locked at
curfew
• Watch system more formal than the pledge system
• Employed watchmen to protect property against fire
and robbery
• Watchmen were supervised by local constables
• This system was in place for about 500 years in
England
 Shire-reeves replaced with the Justice of
the Peace
 The increase in church power caused the
Hundred to be the Parrish
• Parish – an area which the church drew its
members
• Church appointed a parish constable to enforce
laws and collect taxes
 Parish constables were in the rural areas
 Watch and Ward system used in urban
areas
 1730 Charles Townshend introduced crop
rotation system
 Jethro Tull invented the four-bladed plow
 Increased agricultural productivity
allowed movement from the farms to the
city.
 Industrial revolution
 The Gin Craze
 Consumption of alcohol doubled
between 1727 and 1743
 Public drunkenness and violence
became widespread
 Created by Henry Fielding in 1748
 First police organization to actually patrol
the streets
 Before watchmen stayed in their watch
boxes
 Due to the increased mobility many more
criminals were captured
 1752 Fielding began publishing The
Covent Garden Journal to circulate
descriptions of wanted criminals.
 After Henry’s death his brother John took
over and Bow Street became a
clearinghouse for crime information.
 Established in 1829
 Recognized as the worlds first organized
police force
 Created by Sir Robert Peel
 Composed of over 1000 officers or
“Bobbies”
 Used a military command structure
 First force to have special uniforms
 Police must be stable, efficient and organized militarily.
 Police must be under governmental control.
 The deployment of police strength by both time and
area is essential.
 The securing and training of proper persons is at the
root of efficiency.
 Public security demands that every police officer be
given a number.
 Police headquarters should be centrally located and
easily accessible.
(continued . . .)
 Policemen should be hired on a probationary basis.
 The duty of police is to prevent crime and disorder.
 The test of police efficiency is the absence of crime
and disorder, not the visible evidence of police action
in dealing with these problems.
 The power of the police to fulfill their duties is
dependent on public approval and on their ability to
secure and maintain public respect.
 The police should strive to maintain a relationship with
the public that gives reality to the tradition that the
police are the public and the public are the police.
 Colonial police similar to those in
England
 The county sheriff was the primary law
enforcement agent
• Paid for each arrest
• Investigated complaints, ran the jail and
collected taxes
 Used in urban areas
 Very individualistic policing
 Philadelphia- 1833 First Paid daytime
Police Force (ended 3 years later)
 New York- 1844 (put into effect 1 year
later)
 Chicago- 1851
 New Orleans and Cincinnati- 1852
 Baltimore and Newark- 1857
 American officers refused uniforms
feeling they made them easy targets for
harassment and made them look like
servants.
 Uniforms did not become widely
accepted until after the American Civil
War.
 Controlled urban police department
 Getting hired and promoted depended
on who you knew rather than what you
knew
 Primitive in nature
 Most patrolled on foot
 Corruption and brutality common
 Very little training or supervision
 The major role was to maintain order
 The Political Era (1840-1930)
 The Reform Era (1930-1980)
 The Community Era (1980-Present)
 Police forces characterized by:
• broad social service function
• a decentralized organization
• intimate relationship with community
• extensive use of foot patrol
 The spoils system
 The Pendleton Act and civil service system
 African-American officers – discriminated against,
kept segregated
 Women officers –protective and nurturing role, not
crime-fighting
 Police forces characterized by:
• authority coming from the law and
professionalism
• crime control as primary function
• centralized, efficient organization
• professional remoteness from community
• emphasis on preventive motorized patrol, rapid
response to crime
 The Equal Employment Opportunity Act
 Minorities and women officers – obtained
legal equality but still often encountered
discrimination
 Police forces characterized by:
• authority coming from community support, law
and professionalism
• provision of a broad range of services, including
crime control
• decentralized organization with more authority
given to patrol officers
• intimate relationship with the community
• use of foot patrol and a problem-solving
approach
 Bribery
 Lack of training
 Lack of control
 Political control
 Lack of education
 Brutality (no back up)
 Police uniforms first used in the US in
1853
 First telegraph boxes used in 1867
 1910 first police car was introduced in
Akron Ohio
• Used by supervisors
• Easier to get backup
 Substantial increase in pay for police
officers
 Administrative review boards first
established in early 1900s
• Removed control of police from politicians and
put it in the hands of the bureaucrats
 Lessened the political influence on hiring
and promotions
 Held police accountable for their actions
 International Chiefs of Police (IACP)
founded 1893
• Advocated centralized organizational structures
and record keeping
• Curbed the power of precinct captains who were
under political control
 Strong proponent of police
professionalism
 Strict department rules
 High levels of training and education
 Strict discipline
 Military type organization
 Chief Vollmer’s department had a
reduction in corruption
 There was increased control over the
police officers
 This created incorruptible crime fighters
who did not question the authority of the
central command
L.E. Class
PM
 14,254 to 18,760 separate police agencies
in the U.S.
 3,100 Sheriff’s departments
 Over 15,000 municipal police agencies
 1,376 special police forces including;
animal cruelty, beach, harbor, hospital,
housing, port, railroad, sanitation, school,
transit, and transportation authorities.
 More than 1,000,000 people are employed
in policing
 49 state police agencies (all but Hawaii)
 50 federal law enforcement agencies
 623 Texas Constables
 As of 2000 there were 675,734 sworn
officers and 294,854 civilians
 annual budget of about $51 billion
 NYPD is the largest with 39,520 officers
with the rank of lieutenant and below
 The majority of city police departments
are small – fewer than 50 employees and
serve a population of less than 25,000
 675,734 sworn officers and
294,854 civilians as of 2004
 Most police officers are city police
 NYPD is the largest with 39,520 officers
lieutenant and below.
• NYC P.D. 39,520
• NYC Transit 4,600
• NYC School 3,200
• NYC Housing 2,700
• NYC Port Authority 1,700
Total 51,720
 Most officers work for smaller towns
 Usually 50 or less officers
 Population of less than 25,000
 Over 800 departments have only 1 officer
 Minneapolis Police: Approximately 1200
officers
 $80,600 per year per officer (includes
salary, benefits, and equipment)
 Annual cost to citizens – $179 per person
 If you need four (4) officers to have at
least one officer on duty 24 hours a day
what will that cost?
 This dose not include vehicle costs
 According to the FBI Uniform Crime
Report 139 officers were killed in the
line of duty in 2004.
L.E. Class
Mr. Holden
 Usually a Sheriff’s department, some
have a county police department
 Except for Hawaii and Rhode Island
county sheriff’s are elected
 In small population counties the Sheriff is
responsible for the jail and court services
 Law enforcement activities usually
restricted to unincorporated areas of the
county
 The cost of one deputy per year is
$107,900
 Texas Rangers established in 1835
 Colorado Mounted Rangers 1861
 PA Capitol Police 1895
 Arizona Rangers 1901
 New Mexico Mounted Police 1905
 Pennsylvania Constabulary 1905
 26 agencies called Highway
Patrol and 23 agencies called
State Police
L.E. Class
AM
 Most state police were created in the
early 1900s.
 This was in response to the highly mobile
criminal who now had access to
automobiles
 Also created to help counteract corrupt
county sheriff’s departments
 Created and trained by Earl Brown at his
farm in Brooklyn Center
 Primary duties are to enforce traffic laws
and investigate traffic accidents
 They now have full police powers
 No particular rank or hierarchy
 Each Federal agency has been created to
enforce specific laws
Justice
Department
Treasury
Department
U.S.
Marshals
INS
FBI
Bureau of
Prisons
FDEA
Border Patrols
NCIC AFIS
Bureau of
Customs
Secret
Service
BATF
IRS
* Reorganization may occur soon (7/11/02)
 Headed by U. S. Attorney General ______.
 Justice Department agencies
 FBI
 DEA
 U.S. Marshals
 Immigration and Naturalization Service
 Organized Crime and Racketeering Unit
 Formed in 1908 to enforce the Mann Act
 They are limited to enforcing federal
laws
 Fingerprint files
 Crime laboratory
 Compiles the Uniform Crime Reporting
statistics – (UCR)
 NCIC – National Crime Information
Center
 NCIC keeps records of all individuals
convicted of a crime in the U.S.
 These records are available to all law
enforcement agencies through out the
U.S.
 Drug Enforcement Administration
 Was the Bureau of Narcotics and
Dangerous Drugs
 Formed in 1914 to enforce the Harrison
act
 DEA established in 1973
 They investigate illegal importation and
use of drugs
 Provide federal court services
 Transport prisoners
 Enforce court orders
 Investigate mob and gang
activity
 Enforce federal racketeering
laws
 ATF
 IRS
 Customs Service
 Secret Service
 Control sales of untaxed liquor
and cigarettes
 Enforce firearms and explosives
laws
 Internal Revenue Service
 Enforces income, excise, stamp and other
tax laws
 Investigate the unreported income of
drug dealers, gamblers and other illegal
businesses
 Guards the U.S. ports of entry to
insure no illegal or taxable
goods enter the country
 Created to enforce counterfeiting
laws
 Today they are also responsible for
the protection for the protection of
the president, vice president,
presidential candidates and ex-
presidents
 1.5 million security guards in the
U.S.
•Compare to 840,000 police
officers
Over 1 billion dollars are spent
on private security each year.
 Proprietary – a company that has
it’s own security force
 Contractual – an organization or
company who contracts with a
security company to provide
security
 Alarm response
 Misdemeanor investigation
 Parking enforcement
 Body guard
 Questionable impact on crime
 Lack of training and standards
 Private security may cause
additional problems for the
police
 Law refers to all the rules of conduct
established and enforced by the custom,
authority or legislation of a group,
community or country.
 Law implies both prescription (rule) and
enforcement by authority.
 In the United States, those who enforce
the laws are not the same as those who
make them.
 Form – written or unwritten common
law
 Source – constitutional, statutory, case
 Parties involved – public, private
 Offense – criminal, civil
U.S. Constitution
Treaties with Foreign
Powers
Acts of Congress
State Constitutions
State Statutes
Common Law/Case Law
“Congress shall make no
law respecting an
establishment of religion,
or prohibiting the free
exercise thereof; or
abridging the freedom of
speech,or of the press; or
the right of the people
peaceably to assemble,
and to petition the
Government for a redress
of grievances.”
 Freedom of Religion
 Freedom of Speech
 Freedom of the Press
 Freedom of
Peaceable Assembly
 Freedom of Petition
“A well regulated
Militia,being
necessary to the
security of a free
State,the right of
the people to keep
and bear Arms,
shall not be
infringed.”
 Gun ownership
issues
 The Brady Law
“The right of the people to
be secure in their
persons,houses,papers,
and effects,against
unreasonable searches
and seizures,shall not be
violated,and noWarrants
shall issue,but upon
probable cause,
supported by Oath or
affirmation,and
particularly describing
the place to be searched,
and the persons or things
to be seized.”
 Requires probable
cause
 Forbids unreasonable
search and seizure
 Exclusionary Rule:
• Weeks v.United States
• Mapp v.Ohio
“No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or
indictment of a Grand Jury,except in cases arising in the
land or naval forces,or in the Militia,when in actual
service in time ofWar or public danger; nor shall any
person be subject for the same offence to be twice put in
jeopardy of life or limb; nor shall be compelled in any
criminal case to be a witness against himself,nor be
deprived of life, liberty,or property,without due process
of law; nor shall private property be taken for public use,
without just compensation.”
 Guarantees:
• Due process: substantive & procedural
 Prohibits:
• Double jeopardy
• Self-incrimination
“In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial,by an
impartial jury of the State and district wherein
the crime shall have been committed,which
district shall have been previously ascertained
by law,and to be informed of the nature and
cause of the accusation; to be confronted with the
witnesses against him; to have compulsory
process for obtaining witnesses in his favor,and
to have the Assistance of Counsel for his
defence.”
Establishes requirements for criminal
trials:
 A speedy public trial by an impartial jury of
one’s peers
 Be informed of the nature and cause of the
accusation
 Be confronted with and able to cross-examine
witnesses against one’s self
 Subpoena witnesses in one’s defense
 Be represented by legal counsel
“Excessive bail shall not
be required, nor
excessive fines
imposed,nor cruel
and unusual
punishments
inflicted.”
 Bail
 Cruel and unusual
punishment – issues
regarding the death
penalty
“The enumeration in the
Constitution,of certain
rights,shall not be
construed to deny or
disparage others
retained by the
people.”
 Government powers
are limited by the
rights of the people
 The people have
zones of privacy safe
from governmental
intrusion – the right
of privacy is
guaranteed by the
Constitution
“The powers not
delegated to the
United States by the
Constitution,nor
prohibited by it to the
States,are reserved to
the States respectively,
or to the people.”
Embodies
the
principle of
federalism
Section 1.
“All persons born or naturalized in the United States, and
subject to the jurisdiction thereof,are citizens of the
United States and of the State wherein they reside.No
State shall make or enforce any law which shall abridge
the privileges or immunities of citizens of the United
States; nor shall any State deprive any person of life,
liberty,or property,without due process of law; nor deny
to any person within its jurisdiction the equal protection
of the laws.”
 Selective Incorporation Doctrine
• only those provisions of the Bill of Rights fundamental to the
American legal process are applicable to the states through the
due process clause
• the Second Amendment remains nonincorporated (i.e., not
made applicable to the states)
 Due Process
• duplicates the Fifth Amendment
 Equal Protection
• “all people are created equal”
Felony:
a serious crime
generally punishable
by death or
imprisonment for
more than one year
Misdemeanor:
a minor offense
generally
punishable by a
fine or a short term
of confinement,
usually less than
one year
 Actus reus – material
elements of the criminal
act
 Mens rea – criminal
intent
Crime
 Public wrong
 State prosecutes
 Seeks to punish
 Criminal intent
required
Tort
 Private wrong
 Individual prosecutes
 Seeks redress for
injury
 Intent not necessary
Anyone acting under
the authority of local
or state law who
violates another
person’s
constitutional rights –
even though they are
upholding a law – can
be sued.
(Section 1983 of 42 U.S. Code)

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History of Law and Law Enforcement | David Ford Avon Ct

  • 2.  Tribes or clans  Customs and traditions  Chieftains had executive, legislative and judicial powers  Crimes committed handled by individual or family
  • 3.  Punish the offender • There was no attempt at rehabilitation. Punishment was strictly to extract revenge and as an example to others • Some of the punishments included; Boiling in oil, Flaying, Impalement, Burning at the stake, Stoning, Branding, Mutilation, & Crucifixion
  • 4. A system of law and law enforcement began earlier than 2000 B.C. as a means to control human conduct and enforce society’s rules. Keeping the peace was the responsibility of the group.
  • 5. c. 2300 B.C. Lipit Ishtar, Sumerian Ruler, setLipit Ishtar, Sumerian Ruler, set standards for conduct.standards for conduct. 1.    If a man entered the orchard of another man and was seized there for stealing, he shall pay ten shekels of silver.       2.    If a man cut down a tree in the garden of another man, he shall pay one-half mina of silver.       3.    If a man married his wife and she bore him children and those children are living, and a slave also bore children for her master but the father granted freedom to the slave and her children, the children of the slave shall not divide the estate with the children of their former master.       4.    If a man's wife has not borne him children but a harlot from the public square has borne him children, he shall provide grain, oil and clothing for that harlot. The children which the harlot has borne him shall be his heirs, and as long as his wife lives the harlot shall not live in the house with the wife. *This is the earliest known codified provision for child support.
  • 6.  Sumerian ruler Eshumma set standards on what constituted an offense against society. • debt bondage was limited to three years • maximum prices were established for basic commodities, including beer • Wages were fixed by law, as were fees charged by housebuilders, physicians, veterinarians, boat caulkers and leasers of work animals, wagons and boats…
  • 7.  The code of Hammurabi • Set offenses and punishments • The original legal principal lex talionis (an eye for an eye) • “The strong shall not injure the weak”
  • 8. If a builder builds a house for a man and does not make its construction firm and the house collapses and causes the death of the owner of the house––that builder shall be put to death. If it causes the death of a son of the owner––they shall put to death a son of that builder. If it causes the death of a slave of the owner––he shall give the owner a slave of equal value. If it destroys property he shall restore whatever it destroyed and because he did not make the house firm he shall rebuild the house which collapsed at his own expense.
  • 9.  First police force established by Emperor Augustus. • Used Roman soldiers • Praetorian guard to protect the palace • Urban Cohort to patrol the streets
  • 10.  The Twelve Tablets c. 451-450 B.C. • IV. 1 "A dreadfully deformed child shall be killed." IV. 2 "If a father surrender his son for sale three times, the son shall be free." V. 1 "Our ancestors saw fit that "females, by reason of levity of disposition, shall remain in guardianship, even when they have attained their majority." V. 8 The inheritance of a Roman citizen-freedman is made over to his patron, if the freedman has died intestate and has no natural successor. VI. 1 When a party shall make bond or conveyance, what he has named by word-of-mouth that shall hold good. VI. 2 Marriage by `usage' (usus): If a man and woman live together continuously for a year, they are considered to be married; the woman legally is treated as the man's daughter. VIII. 26 "No person shall hold meetings in the City at night."
  • 11.  Origins of American law and policing  The middle ages • Crimes viewed as personal wrongs • Compensation was paid to victims families • Enforced by land owners • Punishment varied from local to local • Law designed to provide equitable solution • Only concern was to maintain the peace
  • 12.  Protection of life and property was a personal responsibility  The pledge system was in use • Each person pledged to protect the village against thieves and marauders • Expected to raise a hue and cry to warn of trouble
  • 13.  Ten families grouped together for protection was called a tithing  Supervised by a tithing man who acted as mayor, council and judge  Only two laws enforced – murder and theft
  • 14.  They were supervised by a constable • Could be considered the first real police officer • They dealt with serious breaches of the law
  • 15.  Two separate courts established • Church courts handled cases considered to be sins • Courtleet (Manor Court) handled secular or crimes against the king
  • 16.  Appointed by the King  Used prior punishment to decide cases  Used local rules and customs
  • 17.  These were called shires  Each district was presided over by a reeve  Tithing system was modified into the Frankpledge system
  • 18.  Required loyalty to the King’s law  Mutual responsibility of all free Englishmen to maintain the peace  Under the frankpledge system the shire- reeves were relieved of judicial duties
  • 20.  Leges Henric – set certain crimes as being against the King’s peace  Government now was getting involved in crimes previously considered personal
  • 21.  Created position of Circuit Judge  Juries made up of local landowners • Decided cases on evidence presented • Investigated crimes • Brought accusations against suspects • Gave testimony against suspects
  • 22.  Applied to all the subjects of the land • (excluding the wealthy and the ruling class)
  • 23.  Made and enforced the law  Consistently evolving legal code (every time a judge changed his mind)  New laws were created to fit a particular case  The new law could be and was frequently retroactive
  • 24.  Created the watch and ward system • Imposed a curfew – gates of the city were locked at curfew • Watch system more formal than the pledge system • Employed watchmen to protect property against fire and robbery • Watchmen were supervised by local constables • This system was in place for about 500 years in England
  • 25.  Shire-reeves replaced with the Justice of the Peace  The increase in church power caused the Hundred to be the Parrish • Parish – an area which the church drew its members • Church appointed a parish constable to enforce laws and collect taxes
  • 26.  Parish constables were in the rural areas  Watch and Ward system used in urban areas
  • 27.  1730 Charles Townshend introduced crop rotation system  Jethro Tull invented the four-bladed plow  Increased agricultural productivity allowed movement from the farms to the city.
  • 28.  Industrial revolution  The Gin Craze  Consumption of alcohol doubled between 1727 and 1743  Public drunkenness and violence became widespread
  • 29.  Created by Henry Fielding in 1748  First police organization to actually patrol the streets  Before watchmen stayed in their watch boxes  Due to the increased mobility many more criminals were captured
  • 30.  1752 Fielding began publishing The Covent Garden Journal to circulate descriptions of wanted criminals.  After Henry’s death his brother John took over and Bow Street became a clearinghouse for crime information.
  • 31.  Established in 1829  Recognized as the worlds first organized police force  Created by Sir Robert Peel  Composed of over 1000 officers or “Bobbies”  Used a military command structure  First force to have special uniforms
  • 32.  Police must be stable, efficient and organized militarily.  Police must be under governmental control.  The deployment of police strength by both time and area is essential.  The securing and training of proper persons is at the root of efficiency.  Public security demands that every police officer be given a number.  Police headquarters should be centrally located and easily accessible. (continued . . .)
  • 33.  Policemen should be hired on a probationary basis.  The duty of police is to prevent crime and disorder.  The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with these problems.  The power of the police to fulfill their duties is dependent on public approval and on their ability to secure and maintain public respect.  The police should strive to maintain a relationship with the public that gives reality to the tradition that the police are the public and the public are the police.
  • 34.  Colonial police similar to those in England  The county sheriff was the primary law enforcement agent • Paid for each arrest • Investigated complaints, ran the jail and collected taxes
  • 35.  Used in urban areas  Very individualistic policing
  • 36.  Philadelphia- 1833 First Paid daytime Police Force (ended 3 years later)  New York- 1844 (put into effect 1 year later)  Chicago- 1851  New Orleans and Cincinnati- 1852  Baltimore and Newark- 1857
  • 37.  American officers refused uniforms feeling they made them easy targets for harassment and made them look like servants.  Uniforms did not become widely accepted until after the American Civil War.
  • 38.  Controlled urban police department  Getting hired and promoted depended on who you knew rather than what you knew
  • 39.  Primitive in nature  Most patrolled on foot  Corruption and brutality common  Very little training or supervision  The major role was to maintain order
  • 40.  The Political Era (1840-1930)  The Reform Era (1930-1980)  The Community Era (1980-Present)
  • 41.  Police forces characterized by: • broad social service function • a decentralized organization • intimate relationship with community • extensive use of foot patrol  The spoils system  The Pendleton Act and civil service system  African-American officers – discriminated against, kept segregated  Women officers –protective and nurturing role, not crime-fighting
  • 42.  Police forces characterized by: • authority coming from the law and professionalism • crime control as primary function • centralized, efficient organization • professional remoteness from community • emphasis on preventive motorized patrol, rapid response to crime  The Equal Employment Opportunity Act  Minorities and women officers – obtained legal equality but still often encountered discrimination
  • 43.  Police forces characterized by: • authority coming from community support, law and professionalism • provision of a broad range of services, including crime control • decentralized organization with more authority given to patrol officers • intimate relationship with the community • use of foot patrol and a problem-solving approach
  • 44.  Bribery  Lack of training  Lack of control  Political control  Lack of education  Brutality (no back up)
  • 45.  Police uniforms first used in the US in 1853  First telegraph boxes used in 1867  1910 first police car was introduced in Akron Ohio • Used by supervisors • Easier to get backup
  • 46.  Substantial increase in pay for police officers  Administrative review boards first established in early 1900s • Removed control of police from politicians and put it in the hands of the bureaucrats
  • 47.  Lessened the political influence on hiring and promotions  Held police accountable for their actions
  • 48.  International Chiefs of Police (IACP) founded 1893 • Advocated centralized organizational structures and record keeping • Curbed the power of precinct captains who were under political control
  • 49.  Strong proponent of police professionalism  Strict department rules  High levels of training and education  Strict discipline  Military type organization
  • 50.  Chief Vollmer’s department had a reduction in corruption  There was increased control over the police officers  This created incorruptible crime fighters who did not question the authority of the central command
  • 52.  14,254 to 18,760 separate police agencies in the U.S.  3,100 Sheriff’s departments  Over 15,000 municipal police agencies  1,376 special police forces including; animal cruelty, beach, harbor, hospital, housing, port, railroad, sanitation, school, transit, and transportation authorities.  More than 1,000,000 people are employed in policing
  • 53.  49 state police agencies (all but Hawaii)  50 federal law enforcement agencies  623 Texas Constables
  • 54.  As of 2000 there were 675,734 sworn officers and 294,854 civilians  annual budget of about $51 billion  NYPD is the largest with 39,520 officers with the rank of lieutenant and below  The majority of city police departments are small – fewer than 50 employees and serve a population of less than 25,000
  • 55.  675,734 sworn officers and 294,854 civilians as of 2004
  • 56.  Most police officers are city police  NYPD is the largest with 39,520 officers lieutenant and below. • NYC P.D. 39,520 • NYC Transit 4,600 • NYC School 3,200 • NYC Housing 2,700 • NYC Port Authority 1,700 Total 51,720
  • 57.  Most officers work for smaller towns  Usually 50 or less officers  Population of less than 25,000  Over 800 departments have only 1 officer  Minneapolis Police: Approximately 1200 officers
  • 58.  $80,600 per year per officer (includes salary, benefits, and equipment)  Annual cost to citizens – $179 per person  If you need four (4) officers to have at least one officer on duty 24 hours a day what will that cost?  This dose not include vehicle costs
  • 59.  According to the FBI Uniform Crime Report 139 officers were killed in the line of duty in 2004.
  • 61.  Usually a Sheriff’s department, some have a county police department  Except for Hawaii and Rhode Island county sheriff’s are elected  In small population counties the Sheriff is responsible for the jail and court services
  • 62.  Law enforcement activities usually restricted to unincorporated areas of the county  The cost of one deputy per year is $107,900
  • 63.  Texas Rangers established in 1835  Colorado Mounted Rangers 1861  PA Capitol Police 1895  Arizona Rangers 1901  New Mexico Mounted Police 1905  Pennsylvania Constabulary 1905
  • 64.  26 agencies called Highway Patrol and 23 agencies called State Police
  • 66.  Most state police were created in the early 1900s.  This was in response to the highly mobile criminal who now had access to automobiles  Also created to help counteract corrupt county sheriff’s departments
  • 67.  Created and trained by Earl Brown at his farm in Brooklyn Center  Primary duties are to enforce traffic laws and investigate traffic accidents  They now have full police powers
  • 68.  No particular rank or hierarchy  Each Federal agency has been created to enforce specific laws
  • 69. Justice Department Treasury Department U.S. Marshals INS FBI Bureau of Prisons FDEA Border Patrols NCIC AFIS Bureau of Customs Secret Service BATF IRS * Reorganization may occur soon (7/11/02)
  • 70.  Headed by U. S. Attorney General ______.  Justice Department agencies  FBI  DEA  U.S. Marshals  Immigration and Naturalization Service  Organized Crime and Racketeering Unit
  • 71.  Formed in 1908 to enforce the Mann Act  They are limited to enforcing federal laws  Fingerprint files  Crime laboratory  Compiles the Uniform Crime Reporting statistics – (UCR)
  • 72.  NCIC – National Crime Information Center  NCIC keeps records of all individuals convicted of a crime in the U.S.  These records are available to all law enforcement agencies through out the U.S.
  • 73.  Drug Enforcement Administration  Was the Bureau of Narcotics and Dangerous Drugs  Formed in 1914 to enforce the Harrison act  DEA established in 1973  They investigate illegal importation and use of drugs
  • 74.  Provide federal court services  Transport prisoners  Enforce court orders
  • 75.  Investigate mob and gang activity  Enforce federal racketeering laws
  • 76.  ATF  IRS  Customs Service  Secret Service
  • 77.  Control sales of untaxed liquor and cigarettes  Enforce firearms and explosives laws
  • 78.  Internal Revenue Service  Enforces income, excise, stamp and other tax laws  Investigate the unreported income of drug dealers, gamblers and other illegal businesses
  • 79.  Guards the U.S. ports of entry to insure no illegal or taxable goods enter the country
  • 80.  Created to enforce counterfeiting laws  Today they are also responsible for the protection for the protection of the president, vice president, presidential candidates and ex- presidents
  • 81.  1.5 million security guards in the U.S. •Compare to 840,000 police officers Over 1 billion dollars are spent on private security each year.
  • 82.  Proprietary – a company that has it’s own security force  Contractual – an organization or company who contracts with a security company to provide security
  • 83.  Alarm response  Misdemeanor investigation  Parking enforcement  Body guard
  • 84.  Questionable impact on crime  Lack of training and standards  Private security may cause additional problems for the police
  • 85.  Law refers to all the rules of conduct established and enforced by the custom, authority or legislation of a group, community or country.  Law implies both prescription (rule) and enforcement by authority.  In the United States, those who enforce the laws are not the same as those who make them.
  • 86.  Form – written or unwritten common law  Source – constitutional, statutory, case  Parties involved – public, private  Offense – criminal, civil
  • 87. U.S. Constitution Treaties with Foreign Powers Acts of Congress State Constitutions State Statutes Common Law/Case Law
  • 88. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”  Freedom of Religion  Freedom of Speech  Freedom of the Press  Freedom of Peaceable Assembly  Freedom of Petition
  • 89. “A well regulated Militia,being necessary to the security of a free State,the right of the people to keep and bear Arms, shall not be infringed.”  Gun ownership issues  The Brady Law
  • 90. “The right of the people to be secure in their persons,houses,papers, and effects,against unreasonable searches and seizures,shall not be violated,and noWarrants shall issue,but upon probable cause, supported by Oath or affirmation,and particularly describing the place to be searched, and the persons or things to be seized.”  Requires probable cause  Forbids unreasonable search and seizure  Exclusionary Rule: • Weeks v.United States • Mapp v.Ohio
  • 91. “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury,except in cases arising in the land or naval forces,or in the Militia,when in actual service in time ofWar or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself,nor be deprived of life, liberty,or property,without due process of law; nor shall private property be taken for public use, without just compensation.”
  • 92.  Guarantees: • Due process: substantive & procedural  Prohibits: • Double jeopardy • Self-incrimination
  • 93. “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial,by an impartial jury of the State and district wherein the crime shall have been committed,which district shall have been previously ascertained by law,and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor,and to have the Assistance of Counsel for his defence.”
  • 94. Establishes requirements for criminal trials:  A speedy public trial by an impartial jury of one’s peers  Be informed of the nature and cause of the accusation  Be confronted with and able to cross-examine witnesses against one’s self  Subpoena witnesses in one’s defense  Be represented by legal counsel
  • 95. “Excessive bail shall not be required, nor excessive fines imposed,nor cruel and unusual punishments inflicted.”  Bail  Cruel and unusual punishment – issues regarding the death penalty
  • 96. “The enumeration in the Constitution,of certain rights,shall not be construed to deny or disparage others retained by the people.”  Government powers are limited by the rights of the people  The people have zones of privacy safe from governmental intrusion – the right of privacy is guaranteed by the Constitution
  • 97. “The powers not delegated to the United States by the Constitution,nor prohibited by it to the States,are reserved to the States respectively, or to the people.” Embodies the principle of federalism
  • 98. Section 1. “All persons born or naturalized in the United States, and subject to the jurisdiction thereof,are citizens of the United States and of the State wherein they reside.No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty,or property,without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
  • 99.  Selective Incorporation Doctrine • only those provisions of the Bill of Rights fundamental to the American legal process are applicable to the states through the due process clause • the Second Amendment remains nonincorporated (i.e., not made applicable to the states)  Due Process • duplicates the Fifth Amendment  Equal Protection • “all people are created equal”
  • 100. Felony: a serious crime generally punishable by death or imprisonment for more than one year Misdemeanor: a minor offense generally punishable by a fine or a short term of confinement, usually less than one year
  • 101.  Actus reus – material elements of the criminal act  Mens rea – criminal intent
  • 102. Crime  Public wrong  State prosecutes  Seeks to punish  Criminal intent required Tort  Private wrong  Individual prosecutes  Seeks redress for injury  Intent not necessary
  • 103. Anyone acting under the authority of local or state law who violates another person’s constitutional rights – even though they are upholding a law – can be sued. (Section 1983 of 42 U.S. Code)

Editor's Notes

  1. Text p.3
  2. Text p.3
  3. Text p.9
  4. Text p.9
  5. Text pp.20-29
  6. Text pp.20-24
  7. Text pp.24-28 The Equal Employment Opportunity Act prohibits discrimination on the basis of sex, race, color, religion or national origin in employment of any kind, public or private, local, state or federal.
  8. Text pp.28-29
  9. Text p.16 * The organization and separation of agencies within the DOJ and Tresury Dept. is likely to change as a result of recent events concerning terrorist attacks in America and the creation of the new Office of Homeland Security. For example, consider this excerpt taken from an Internet article (“Ashcroft Warns of ‘Sleeper Terrorists’,” MSNBC Staff, July 11, 2002): “The Judiciary Committee voted to keep most of the Federal Emergency Management Agency as an independent disaster response agency and to move the Secret Service from the Treasury Department to the Justice Department rather than into the new Homeland Security Department.       That panel also decided to move the enforcement arm of the INS into the security agency, but leave other immigration services with Justice.” These decisions warrant monitoring.
  10. Text p.2
  11. Text p.38
  12. Text p.41
  13. Text pp.42-43
  14. Text pp.43-44
  15. Text pp.44-46
  16. Text pp.46-48
  17. Text pp.46-48
  18. Text pp.48-50
  19. Text pp.48-50
  20. Text pp.50-51
  21. Text p.51
  22. Text p.51
  23. Text pp.51-52
  24. Text pp.51-52
  25. Text pp.52-53
  26. Text p.53
  27. Text p.55
  28. Text pp.56-57