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military, of necessity, are trained to kill and destroy. That is
appropriate in war. However, do we want to use military forces
to govern or patrol our cities and towns?
We do not know much about the very early history of the police.
Policing—maintaining order and dealing with lawbreakers—had
always been a private matter. Citizens were responsible for
protecting themselves and maintaining an orderly society.
Uniformed, organized police departments as we think o£ them
today were rare.
Around die fifth century B.C.E., Rome created the first
specialized investigative unit, called questors, or "trackers of
murder." (Dempsey 203) Around die sixth century B.C.E. in
Athens and the third century B.C.E. in Rome, unpaid
magistrates (judges), appointed by the citizens, were the only
people we would consider law enforcement professionals. The
magistrates adjudicated cases, but private citizens arrested
offenders and punished them. In most societies, people in towns
would group
together and form a watch,
particularly at night, at the
Praetorian Guard , ,
town borders or gates to
Select group of highly qualified ., , . i.j
a ensure that outsiders did
members of the military established ,
not attack the town,
by the Roman emperor Augustus ^ a^out ^e yme Qf
to protect him and his palace. .1 r>
Chnst, the Roman emperor
Vigtles Augustus picked special,
Early Roman fire fighters who also highly qualified members
patrolled Rome's streets to protect of the military to form the
citizens. Praetorian Guard, which
mutual pledge
A form of community self-protection developed by King Alfred
the Great in the latter part of the ninth century in England.
could be considered the
first police officers. Their
job was to protect the
palace and the emperor.
At about die same time,
Augustus also established
hue and cry die Praefectus Urbi (Urban
A method developed in early Cohort) to protect the city
England for citizens to summon The Urban Cohort had
assistance from fellow members of both executive and judicial
the community. power. Augustus also estab-
constable
An official assigned to keep the peace in the mutual pledge
system in England.
lished the Vigiles of Rome.
The Vigiles began as fire-
fighters and were eventually
also given law enforcement
responsibilities, patrolling
shire-reeve Rome's streets day and
Earty English official placed m night. The Vigiles could be
cnarge of shires (counties) as part considered the first civil
of the system of mirtual pledge; police force designed to
evolved into the modem concept of protect citizens. They were
the sheriff. quite brutal, and our words
Log onto wnm.cengagebrain.com vigilance and vigilante
come
- ' to practice your vocabulary with ° m
' < flash cards and more. from them. (AytO 559).
1O2 Discuss English Policing: Our English Heritage
The American system of law and criminal justice was borrowed
from the English. Therefore, we will now concentrate on the
English police experience, which is colorful and related to the
development of English society.
Early History
Sir Robert Peel is generally credited with establishing the first
English police department, die London Metropolitan Police, in
1829. However, the first references to an English criminal
justice or law enforcement system appeared some 1,000 years
earlier, in die latter Sir Robert Peel part of the nindi century,
when England's king, Alfred die Great, was preparing his
kingdom for an impending Danish invasion. Part of King
Alfred's strategy against die Danes was maintaining stability in
his own country and providing a mediod for people living in
villages to protect one anodier. To achieve diis stability, King
Alfred established a system of mutual plod, (a form of "society
control" where citizens grouped together to protect each otiier),
which organized the responsibility for die security of the
country into several levels. At die lowest level were tJdiings, 10
families who grouped together to protect one anodier and to
assume responsibility for the acts of the groups members. At the
next level, 10 timings (100 families) were grouped together into
a hundred; die hundred was under the charge of a constable.
People were supposed to police tiieir own communities. If
trouble occurred, a citizen was expected to raise the (yell for
help), and odier citizens were expected to come to that citizen's
assistance. The ,stabl«, who might be considered die first form
of English police officer, was responsible for dealing widi more
serious breaches of die law.
Groups of hundreds widiin a specific geographic area
were combined to form shires (the equivalent of today's
county). The shires were put under die control of the king
and were governed by a , or sheriff.
Over the centuries, as formal governments were established,
early, primitive forms of a formal criminal justice system
evolved in England. In 1285 C.E., the Statute of Winchester was
enacted in England and established
25
4
Police History and Organization
Peel's Nine Principles
Basic guidelines created by
Sir Robert Peel for the London
Metropolitan Police in 1829.
Log onto
www.cengagebrain.com
to practice your vocabi Nash cards and more.a rudimentary
criminal justice system in which most of die responsibility for
law enforcement remained with the people themselves. The
statute formally established (1) the watch and ward, (2) die hue
and cry, (3) the parish constable, and (4) the requirement diat
all males keep weapons in their homes for use in maintaining
the public peace.
The required all men in a given
town to serve on the night watch. The watch, therefore, can be
seen as the most rudimentary form of metropolitan policing. The
watch was designed to protect against crime, disturbances, and
fire. The watchmen had diree major duties:
Patrolling die streets from dusk until dawn to ensure that all
local people were indoors and quiet and that no strangers were
roaming about
Performing duties such as lighting street lamps, clearing
garbage from streets, and putting out fires
Enforcing the criminal law
Persons serving on the watch would pronounce the hue and cry,
if necessary, and all citizens would dien be required to leave
their homes and assist die watchmen. The Statute of Winchester
made it a crime not to assist die watch. The statute also
established the office of parish constable, who was responsible
for organizing and supervising the watch. The parish constable
was, in effect, the primary urban law enforcement agent in
England.
A night watchman on his rounds in early England.
Seventeenth Century and Thief-Takers
In seventeendi-century England, as before, law enforcement was
seen as the duty of all die people, even though more and more
officials were being charged with enforcing the law and keeping
the peace.
The seventeenth-century English policing svs-tem used a form
of individual, private police. Called take; , diese private citizens
widi no official status were paid by the king for every criminal
they arrested— similar to the bounty hunter of the American
West. The major role of the thief-takers was to combat highway
robbery committed by highwaymen, whose heroes watch and
ward were the likes of such leg- A ••x,:'™y ,aTn oi K< c ^
endary outlaws as Robin Signed to orotect agai-" :
Hood and Little John. By C*StufDanCe8' aro *** "
the seventeenth century,
highwaymen made travel- thief-takers
ing through the English Pi vats English citizens wfth :
countryside so dangerous official status who were paid t
that no coach or traveler king for every criminal theyanss
was safe. In 1693, an act Tney were similar to the bounty
of Parliament established hunter of the American vv
a monetary reward for the
capture of any road agent, or
armed robber. A diief-taker
was paid upon the convic-
tion of the highwayman and
also received the highway- to pre
man's horse, arms, money, and property.
Peel's Police: The Metropolitan Police for London
In 1828, Sir Robert Peel, England's home secretary, drafted the
first police bill, the Act for Improving the Police in and near the
Metropolis (the Metropolitan Police Act). Parliament passed it
in 1829. This act established the first large-scale, uniformed,
organized, paid, civil police force in London. More than 1,000
men were hired. Although a civil—rather than a military—force,
it was structured along military lines, with officers wearing
distinctive uniforms.
Peel has become known as die fomider of modern policing;
however, it must be noted that he was never a member of a
police department. His link to policing comes from his
influence in getting the new police bill passed. The early
London police were guided by Peel's Nine Principli , as
described by die New Westminster Police Service:
Police History
TeePsNine Trincilples
I. The basic mission for which the police exist is to prevent
crime and disorder.
i. The ability of the police to perform their duties is dependent
upon public approval of police actions.
3. Tolice must secure the willing co-operation of the public in
voluntary observance of the law to be able to secure and
maintain the respect of the public.
4. The degree of co-operation of the public that can be secured
diminishes proportionately to the necessity of the use of
physicalforce.
5. Police seek and preserve public favour not by catering to
public opinion but by constantly demonstrating absolute
impartial service to the law.
6. Tolice use physical force to the extent necessary to secure
observance of the law or to restore order only when the exercise
of persuasion, advice, and warning is found to be insufficient.
7. Tolice, at all times, should maintain a relationship with the
public that gives reality to the historic tradition that the police
are the public and the public are the police, the police being
only members of the public who are paid to give full-time
attention to duties which are incumbent on every citizen in the
interests of community welfare and existence.
8. Tolice should always direct their action strictly towards their
functions and never appear to usurp the powers ofthe judiciary.
9. The test of police efficiency is the absence of crime and
disorder, not the visible evidence of police action in dealing
with it.
New Westminster Tolice Service
The Metropolitan Police was organized around the
, in which officers were assigned to relatively small permanent
posts and were expected to become familiar with diem and the
people residing there, thereby making the officer a part of
neighborhood life.
l03 Discuss American Policing: The Colonial Experience
The North: The Watch
By die seventeenth century, die northern colonies started to
institute a civil law enforcement system that closely replicated
die English model. The county sheriff was the most important
law enforcement official. In addition to law enforcement,
however, he collected taxes, supervised elections, and had much
to do with die legal process. Sheriffs were not paid a salary but,
much like the English thief-taker, were paid fees for each arrest
they made. Sheriffs did not patrol but stayed in their offices.
In cities, the town marshal was the chief law enforcement
official, aided by constables and night watchmen. Night watch
was sometimes performed by the military. The city of Boston
created the first colonial night watch in 1631 and diree years
later created the position of constable. In 1658, eight paid
watchmen replaced a patrol of citizen volunteers in the Dutch
city of New Amsterdam. The British inherited this police system
in 1664 when they took over the city and renamed it New York.
X
cannot afford to hire local police officers and often rely on state
troopers.Rural and Small-Town Law Enforcement
Eighty-seven percent of police departments have 25 or fewer
officers and they serve in rural and small-town law
enforcement. Often, rural and smalltown police face the sajne
problems as large metropolitan and county police. They also
face other serious problems because of their size. The state of
Wyoming, for example, has the lowest population in die United
States and has vast open areas where one can drive over 100
miles between small towns. The law enforcement officers in this
state must routinely face die problem of not having immediate
backup in most situations. As Mike Roy, the lead instructor at
die Wyoming Law Enforcement Academy, says,
Regarding the lack of readily available backup, Roy says,
"Everyone completing our academy is instructed not to get
stupid by acting alone in known volatile situations. Officers are
instructed to get used to waiting for the closest help to arrive
even if it's 60 miles away. (Hoffman 20-24)
Rural and small-town law enforcement agencies engage in
mutual assistance programs with neighboring agencies and come
to one another's aid when necessary. Limited resources, rising
crime trends, and geographic barriers severely impair the ability
of rural law enforcement agencies to effectively combat crimes
in dieir communities. To ensure that diey can meet the
challenge of law enforcement in die twenty-first century, rural
executives are increasingly seeking opportunities to provide
more education and training for their staffs and to maximize
their effectiveness dirough new and improved technology.
Many small remote towns and villages cannot afford to hire
local police officers and often rely on state troopers based in
areas far away. As an example, in 2006 it took
four hours for Alaska state troopers to arrive at die 200-person
Eskimo village of Nunam Iqua after a man choked and raped his
13-year-old stepdaughter in front of diree younger children,
beat his wife with a shotgun, and pistol-whipped a friend after
an evening drinking home brew. During the attack, residents
called troopers in Bediel, Alaska, 155 miles away. But the
trooper's aircraft was being serviced, so they had to charter a
plane to get to Nunam Iqua. In 2008, it was reported diat die
village had hired a single public safety officer, but she has no
law enforcement training and is unarmed. (Associated Press,
"Many Villages")
Indian Country and Tribal Law Enforcement
Laurence French, professor at the University of New
Hampshire, writes that policing American Indians in die United
States has always been contentious, especially from the tribal
perspective. First, American Indians were regulated by die U.S.
Army and the Department of War, and dien later by the Bureau
of Indian Affairs and the Department of the Interior. Today the
controversy continues widi federal, state, and local jurisdictions
attempting to intervene in tribal policing. This has caused
jurisdictional confusion, tribal discontent, and litigations in
Indian country.(French 69-80)
M. Wesley Clark, a senior attorney in the U.S. Drug
Enforcement Administration (DEA), says, "Policing in and
adjacent to land widiin Indian country is often a complex and,
at times, confusing jurisdictional puzzle. Solving this puzzle
depends on a variety of factors, including whether the crime is a
felony or misdemeanor, whether the subjects and victims are
Indians, and whether the crime violates tribal, state, or federal
law." (Clark 22-31)
A 2005 report for die National Institute of Justice offers
detailed information gathered on tribal law
i 9
Police History and Organization
.Indian reservations are plagued by a systematic breakdown in
the delivery of justice.
enforcement agencies, tribal courts and services, and criminal
records systems from continental American Indian jurisdictions.
More than 92 percent (314) of the 341 federally recognized
American Indian tribes in the continental 48 states responded to
the census. Relative to policing, die report reveals that 165 of
the responding 314 tribes employed one or more full-time sworn
officers widi general arrest powers; almost all (99 percent) had
cross-deputization agreements with another tribal or public
agency; and 56 percent of the tribes that employed one or more
full-time sworn officers with general arrest powers were also
recognized by their state governments to possess arrest
authority. (Perry 1-5)
The governmental power to make or enforce laws in Indian
country is divided among federal, state, and tribal
governments. Jurisdiction in a specific incident depends on the
nature of the offense, whether the offender or victim was a
tribal member, and the state in which the crime occurred. Public
Law 83-280 (commonly called PL 280) conferred criminal
jurisdiction in Indian country to six state governments
(mandatory PL 280 states)—California, Minnesota, Nebraska,
Oregon, Wisconsin, and Alaska—and the federal government. It
also permitted other states to acquire jurisdiction at their option
(optional PL 280 states). The optional PL 280 states—Nevada,
Idaho, Iowa, Washington, Soudi Dakota, Montana, North
Dakota, Arizona, and Utah— assumed jurisdiction either in
whole or in part over Indian country within their boundaries. In
states where PL 280 does not apply, the federal government
retains criminal jurisdiction for major crimes.
The 1994 Crime Act expanded federal criminal jurisdiction in
Indian country in such areas as guns, ^ violent juveniles, drugs,
and domestic violence. Thus, $ law enforcement in Indian
country is dispersed among § federal, state, local, and tribal
agencies. The tribes have | inherent powers to exercise criminal
jurisdiction over ■ all tribal members and the authority to arrest
and detain | non-Indians for delivery to state or federal
authorities § for prosecution. These tribal police powers are
generally ^ limited to the reservation. The work of tribal police
5 is often critical to resolving criminal cases referred to % state
and federal agencies because tribal police usually discover the
crime, interview witnesses, and investigate the circumstances
involved in the crime. Often tribal police refer cases to U.S.
attorney's offices for investigation because tribal courts
generally hear only misdemeanor cases. (FBI, "Indian Country
Crime")
Cross-deputization agreements have been used to enhance law
enforcement capabilities in areas where state and tribal lands
are contiguous and intermingled. Under some agreements,
federal, state, county/local, and/ or tribal law enforcement
officers have the power to arrest Indian and non-Indian
wrongdoers whenever a violation of law occurs. States, in some
cases, have recognized tribal police to have peace officer
authority to arrest tribal offenders off the reservation or detain
nontribal offenders on the reservation. About 45 percent of die
tribes with law enforcement personnel had arrest authority over
tribal members off the reservation. About 62 percent of the
tribes widi at least one sworn officer reported having arrest
authority over non-Indians on tribal reservations.
Very real problems affect tribal police as they provide law
enforcement services in the country's most remote and
undeveloped areas. These tribal police officers are stretched
thin over large and diverse geographical territories. As an
example, in Arizona, the Hualapal nation has only one police
chief and 10 commissioned officers to cover the reservation's
one million acres and population of 2,800 residents. The
Stillaguamish Tribal Police of Arlington, Washington, have
only seven patrol officers to cover 650 square miles of fish and
game territory, as well as a casino. They face severe community
problems and high unemployment, with drugs and substance
abuse their greatest challenges. They also experience a lack of
funding to build die type of infrastructure needed to accomplish
their mission of policing. (Falk 20-27)
In 2007, the Denver Post produced a series of articles on
criminal justice in Indian country. It reported that Indian
reservations are plagued by a systematic breakdown in the
deliver)7 of justice. Noting that die sole authority to prosecute
felony crimes on reservations lies widi die federal government,
it reported that U.S. attorneys and FBI investigators face huge
challenges fighting crime on reservations as they are mistrusted
and viewed as outsiders. The high levels of alcohol use among
victims, suspects, and witnesses that accompany many serious
crimes can
Organizing Security in the United States
£3
make them very difficult to prove. Additionally, federal law
enforcement officials are burdened by competing federal
priorities such as immigration and terrorism. (Riley, "Promises,
Justice Broken")
Open road in Monument Vail Navajo Nation, Arizona.
These problems are reflected in the statistics: Between 1997 and
2006, federal prosecutors rejected nearly two-thirds of the
reservation cases brought to them by FBI and Bureau of Indian
Affairs investigators, more than twice the rejection rate for all
federally prosecuted crimes. Of the nearly 5,900 aggravated
assaults reported on reservations in 2006, only 558 were
referred to federal prosecutors, who declined to prosecute 320
of them. Of the more dian 1,000 arson complaints reported in
2006, only 24 were referred to U.S. attorneys, who declined to
prosecute 18 of them. Commenting on die federal justice
system, a Navajo tribal prosecutor stated, "They've created a
lawless land." (Riley, "Promises, Justice Broken")
Local Law Enforcement and Illegal Immigration
A controversial issue in current law enforcement is the
cooperation and escalating involvement of local police widi
federal immigration officials in enforcing immigration laws.
Immigration advocates and some local officials fear that diis
cooperation will further erode an already tense relationship
between minority and immigrant communities and local officers
entrusted widi serving local residents. It has become routine for
some police agencies to assist immigration authorities during
arrests and to call immigration officials if a criminal suspect
appears to be an undocumented alien. Also, some local police
have been deputized as immigration agents at the request of
federal authorities under signed agreements. On the other hand,
some departments generally prohibit officers from asking
people they stop about their immigration status.
Q E
UJ
O UJ
UJ z S Q
Many police departments in cities, counties, and states have
policies that restrict enforcement of federal immigration laws
by local authorities. These policies, which can be termed as
"don't ask," are favored by many police chiefs when dealing
with undocumented residents who haven't committed crimes
other than being in die country illegally. Chiefs say that these
policies are an effective crime-fighting tool because they
encourage illegal immigrants to report crimes without fear of
deportation. They feel that the police can better fight crime by
building trust with residents and encouraging them to help
identify suspects and report problems. As an example, the
Phoenix Police Department bars its officers from stopping
people for the sole purpose of determining immigration status.
It also forbids officers to call the federal Immigration and
Customs Enforcement (ICE) about people who are crime victims
or witnesses or people who have committed only minor civil
offenses, such as driving without a license. However, officers
automatically notify ICE whenever illegal immigrants are
booked into jail. (Gonzalez, "Illegal Immigration.") Some anti-
illegal-immigration advocates say these policies create
"sanctuary cities" for illegal immigrants, shield foreign
criminals from deportation, and hamper federal efforts to
combat illegal immigration and terrorism.
As of 2008, frustrated with ineffective immigration enforcement
and often under considerable political pressure, a growing
number of states, counties, and cities are requiring their law
enforcement officers to help detect and deport illegal
immigrants rather than just rely on federal agents. Some law
enforcement agencies are training their officers to perform
immigration checks themselves as part of ICE s 287 (g)
program. This program refers to Section 287 (g) of die 1996
Immigration and Nationality Act. The 287 (g) program
deputizes local officers to help enforce federal immigration
laws. ICE provides local officers widi access to its immigration
database and trains them in identifying illegal immigrants and
ordering deportations with ICE's approval. ICE officials report
that, under this program, local law enforcement officers have
helped detect 32,000 illegal immigrants over the past three
years who otherwise may have remained in the country.
Approximately 55 state, county, and local law enforcement
departments have taken die ICE training and more than 70
others are
2 24-
Police History and Organization
A Border Patrol agent processes a
group of illegal immigrants in ^Arizona.
centralized model of state law enforcement
Combines the duties of major criminal investigations with the
patrol of state highways.
decentralized model of state law enforcement
A clear distinction between traffic enforcement on state
highways and other state-level 'aw enforcement functions.
1
1
Log onto
www.cengagebrain.com
' to practice your vocabulary ' » with flash cards a
nd more.on the ICE waiting list for training. (Taylor, "Local
Police") Officers undergo a five-week training course in the 287
(g) program. The training includes instruction on civil rights
and immigration laws, federal prohibitions on racial profiling,
cross-cultural issues, and treaty obligations that require officers
to notify foreign consulates about certain arrests. (Vock, "Police
Join Feds")
l.03 Describe State Law Enforcement
Forty-nine of the fifty U.S. states have a primary state law
enforcement agency. The only state without a primary state
police agency is Hawaii, although it has several law
enforcement agencies widi statewide jurisdiction.
In the latest reporting year, die 49 primary state law
enforcement agencies had about 89,265 full-time employees and
more than 58,190 full-time sworn personnel. (Reaves, "Census"
2,6) State expenditures for police protection increased nearly
293 percent from 20 years ago with an average annual change of
6.4 percent. (Hughes 3)
The largest state law enforcement agency is the California
Highway Patrol, which has about 7,085 sworn officers followed
by die New York State Police widi 4,667 sworn employees; the
Pennsylvania State Police with 4,200 sworn officers; and die
Texas Department of Public Safety widi 3,437 sworn
employees. The smallest state police agencies are the North
Dakota Highway Patrol with 135 sworn employees; the
Wyoming Highway Patrol widi 188 sworn personnel; and the
South Dakota Highway Patrol with 154 sworn employees.
(Reaves, "Census" 6)
Historically, state police departments were developed to deal
with growing crime in nonurban areas of the country, which was
attributable to the increasing mobility of Americans, die
proliferation of cars, and die ease of travel. The state police
agencies were formed by governors and legislators to lessen
reliance on metropolitan and county police departments, which
were more closely linked with politics and urban and county
corruption.
Generally, state police patrol small towns and state highways,
regulate traffic, and have the primary responsibility to enforce
some state laws. The state police also carry out many duties for
local police agencies, such as managing state training
academies, criminal identification systems, and crime
laboratories.
At die state level, there are two distinct models of law
enforcement agencies. The centralized model of combines the
duties of major criminal investigations with the patrol of state
highways. The centralized state police agencies generally assist
local police departments in criminal investigations when
requested and provide the identification, laboratory, and
training functions for local departments.
Forty-nine of the 50 U.S. states have a primary state law
enforcement agency.
The second state model, the decentralized model of state law
enforcement, has a clear distinction between trafficenforcement
on state highways and other state-level law enforcement
functions. The states that use this model—many southern and
midwestern, and some western states— generally have two
separate agencies, one a highway patrol and the other a state
bureau of investigation. California, for example, has the
California Highway Patrol and the California Division of Law
Enforcement.
1
Organizing Security in the United States 25
1

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military, of necessity, are trained to kill and destroy. That is a.docx

  • 1. military, of necessity, are trained to kill and destroy. That is appropriate in war. However, do we want to use military forces to govern or patrol our cities and towns? We do not know much about the very early history of the police. Policing—maintaining order and dealing with lawbreakers—had always been a private matter. Citizens were responsible for protecting themselves and maintaining an orderly society. Uniformed, organized police departments as we think o£ them today were rare. Around die fifth century B.C.E., Rome created the first specialized investigative unit, called questors, or "trackers of murder." (Dempsey 203) Around die sixth century B.C.E. in Athens and the third century B.C.E. in Rome, unpaid magistrates (judges), appointed by the citizens, were the only people we would consider law enforcement professionals. The magistrates adjudicated cases, but private citizens arrested offenders and punished them. In most societies, people in towns would group together and form a watch, particularly at night, at the Praetorian Guard , , town borders or gates to Select group of highly qualified ., , . i.j a ensure that outsiders did members of the military established , not attack the town, by the Roman emperor Augustus ^ a^out ^e yme Qf to protect him and his palace. .1 r> Chnst, the Roman emperor Vigtles Augustus picked special, Early Roman fire fighters who also highly qualified members patrolled Rome's streets to protect of the military to form the citizens. Praetorian Guard, which mutual pledge
  • 2. A form of community self-protection developed by King Alfred the Great in the latter part of the ninth century in England. could be considered the first police officers. Their job was to protect the palace and the emperor. At about die same time, Augustus also established hue and cry die Praefectus Urbi (Urban A method developed in early Cohort) to protect the city England for citizens to summon The Urban Cohort had assistance from fellow members of both executive and judicial the community. power. Augustus also estab- constable An official assigned to keep the peace in the mutual pledge system in England. lished the Vigiles of Rome. The Vigiles began as fire- fighters and were eventually also given law enforcement responsibilities, patrolling shire-reeve Rome's streets day and Earty English official placed m night. The Vigiles could be cnarge of shires (counties) as part considered the first civil of the system of mirtual pledge; police force designed to evolved into the modem concept of protect citizens. They were the sheriff. quite brutal, and our words Log onto wnm.cengagebrain.com vigilance and vigilante come - ' to practice your vocabulary with ° m ' < flash cards and more. from them. (AytO 559). 1O2 Discuss English Policing: Our English Heritage The American system of law and criminal justice was borrowed from the English. Therefore, we will now concentrate on the English police experience, which is colorful and related to the
  • 3. development of English society. Early History Sir Robert Peel is generally credited with establishing the first English police department, die London Metropolitan Police, in 1829. However, the first references to an English criminal justice or law enforcement system appeared some 1,000 years earlier, in die latter Sir Robert Peel part of the nindi century, when England's king, Alfred die Great, was preparing his kingdom for an impending Danish invasion. Part of King Alfred's strategy against die Danes was maintaining stability in his own country and providing a mediod for people living in villages to protect one anodier. To achieve diis stability, King Alfred established a system of mutual plod, (a form of "society control" where citizens grouped together to protect each otiier), which organized the responsibility for die security of the country into several levels. At die lowest level were tJdiings, 10 families who grouped together to protect one anodier and to assume responsibility for the acts of the groups members. At the next level, 10 timings (100 families) were grouped together into a hundred; die hundred was under the charge of a constable. People were supposed to police tiieir own communities. If trouble occurred, a citizen was expected to raise the (yell for help), and odier citizens were expected to come to that citizen's assistance. The ,stabl«, who might be considered die first form of English police officer, was responsible for dealing widi more serious breaches of die law. Groups of hundreds widiin a specific geographic area were combined to form shires (the equivalent of today's county). The shires were put under die control of the king and were governed by a , or sheriff. Over the centuries, as formal governments were established, early, primitive forms of a formal criminal justice system evolved in England. In 1285 C.E., the Statute of Winchester was enacted in England and established
  • 4. 25 4 Police History and Organization Peel's Nine Principles Basic guidelines created by Sir Robert Peel for the London Metropolitan Police in 1829. Log onto www.cengagebrain.com to practice your vocabi Nash cards and more.a rudimentary criminal justice system in which most of die responsibility for law enforcement remained with the people themselves. The statute formally established (1) the watch and ward, (2) die hue and cry, (3) the parish constable, and (4) the requirement diat all males keep weapons in their homes for use in maintaining the public peace. The required all men in a given town to serve on the night watch. The watch, therefore, can be seen as the most rudimentary form of metropolitan policing. The watch was designed to protect against crime, disturbances, and fire. The watchmen had diree major duties: Patrolling die streets from dusk until dawn to ensure that all local people were indoors and quiet and that no strangers were roaming about Performing duties such as lighting street lamps, clearing garbage from streets, and putting out fires Enforcing the criminal law Persons serving on the watch would pronounce the hue and cry, if necessary, and all citizens would dien be required to leave their homes and assist die watchmen. The Statute of Winchester
  • 5. made it a crime not to assist die watch. The statute also established the office of parish constable, who was responsible for organizing and supervising the watch. The parish constable was, in effect, the primary urban law enforcement agent in England. A night watchman on his rounds in early England. Seventeenth Century and Thief-Takers In seventeendi-century England, as before, law enforcement was seen as the duty of all die people, even though more and more officials were being charged with enforcing the law and keeping the peace. The seventeenth-century English policing svs-tem used a form of individual, private police. Called take; , diese private citizens widi no official status were paid by the king for every criminal they arrested— similar to the bounty hunter of the American West. The major role of the thief-takers was to combat highway robbery committed by highwaymen, whose heroes watch and ward were the likes of such leg- A ••x,:'™y ,aTn oi K< c ^ endary outlaws as Robin Signed to orotect agai-" : Hood and Little John. By C*StufDanCe8' aro *** " the seventeenth century, highwaymen made travel- thief-takers ing through the English Pi vats English citizens wfth : countryside so dangerous official status who were paid t that no coach or traveler king for every criminal theyanss was safe. In 1693, an act Tney were similar to the bounty of Parliament established hunter of the American vv a monetary reward for the capture of any road agent, or armed robber. A diief-taker was paid upon the convic- tion of the highwayman and also received the highway- to pre man's horse, arms, money, and property.
  • 6. Peel's Police: The Metropolitan Police for London In 1828, Sir Robert Peel, England's home secretary, drafted the first police bill, the Act for Improving the Police in and near the Metropolis (the Metropolitan Police Act). Parliament passed it in 1829. This act established the first large-scale, uniformed, organized, paid, civil police force in London. More than 1,000 men were hired. Although a civil—rather than a military—force, it was structured along military lines, with officers wearing distinctive uniforms. Peel has become known as die fomider of modern policing; however, it must be noted that he was never a member of a police department. His link to policing comes from his influence in getting the new police bill passed. The early London police were guided by Peel's Nine Principli , as described by die New Westminster Police Service: Police History TeePsNine Trincilples I. The basic mission for which the police exist is to prevent crime and disorder. i. The ability of the police to perform their duties is dependent upon public approval of police actions. 3. Tolice must secure the willing co-operation of the public in voluntary observance of the law to be able to secure and maintain the respect of the public. 4. The degree of co-operation of the public that can be secured diminishes proportionately to the necessity of the use of physicalforce. 5. Police seek and preserve public favour not by catering to public opinion but by constantly demonstrating absolute impartial service to the law. 6. Tolice use physical force to the extent necessary to secure
  • 7. observance of the law or to restore order only when the exercise of persuasion, advice, and warning is found to be insufficient. 7. Tolice, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police, the police being only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen in the interests of community welfare and existence. 8. Tolice should always direct their action strictly towards their functions and never appear to usurp the powers ofthe judiciary. 9. The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with it. New Westminster Tolice Service The Metropolitan Police was organized around the , in which officers were assigned to relatively small permanent posts and were expected to become familiar with diem and the people residing there, thereby making the officer a part of neighborhood life. l03 Discuss American Policing: The Colonial Experience The North: The Watch By die seventeenth century, die northern colonies started to institute a civil law enforcement system that closely replicated die English model. The county sheriff was the most important law enforcement official. In addition to law enforcement, however, he collected taxes, supervised elections, and had much to do with die legal process. Sheriffs were not paid a salary but, much like the English thief-taker, were paid fees for each arrest they made. Sheriffs did not patrol but stayed in their offices. In cities, the town marshal was the chief law enforcement official, aided by constables and night watchmen. Night watch was sometimes performed by the military. The city of Boston created the first colonial night watch in 1631 and diree years later created the position of constable. In 1658, eight paid
  • 8. watchmen replaced a patrol of citizen volunteers in the Dutch city of New Amsterdam. The British inherited this police system in 1664 when they took over the city and renamed it New York. X cannot afford to hire local police officers and often rely on state troopers.Rural and Small-Town Law Enforcement Eighty-seven percent of police departments have 25 or fewer officers and they serve in rural and small-town law enforcement. Often, rural and smalltown police face the sajne problems as large metropolitan and county police. They also face other serious problems because of their size. The state of Wyoming, for example, has the lowest population in die United States and has vast open areas where one can drive over 100 miles between small towns. The law enforcement officers in this state must routinely face die problem of not having immediate backup in most situations. As Mike Roy, the lead instructor at die Wyoming Law Enforcement Academy, says, Regarding the lack of readily available backup, Roy says, "Everyone completing our academy is instructed not to get
  • 9. stupid by acting alone in known volatile situations. Officers are instructed to get used to waiting for the closest help to arrive even if it's 60 miles away. (Hoffman 20-24) Rural and small-town law enforcement agencies engage in mutual assistance programs with neighboring agencies and come to one another's aid when necessary. Limited resources, rising crime trends, and geographic barriers severely impair the ability of rural law enforcement agencies to effectively combat crimes in dieir communities. To ensure that diey can meet the challenge of law enforcement in die twenty-first century, rural executives are increasingly seeking opportunities to provide more education and training for their staffs and to maximize their effectiveness dirough new and improved technology. Many small remote towns and villages cannot afford to hire local police officers and often rely on state troopers based in areas far away. As an example, in 2006 it took four hours for Alaska state troopers to arrive at die 200-person Eskimo village of Nunam Iqua after a man choked and raped his 13-year-old stepdaughter in front of diree younger children, beat his wife with a shotgun, and pistol-whipped a friend after an evening drinking home brew. During the attack, residents called troopers in Bediel, Alaska, 155 miles away. But the trooper's aircraft was being serviced, so they had to charter a plane to get to Nunam Iqua. In 2008, it was reported diat die village had hired a single public safety officer, but she has no law enforcement training and is unarmed. (Associated Press, "Many Villages") Indian Country and Tribal Law Enforcement Laurence French, professor at the University of New Hampshire, writes that policing American Indians in die United States has always been contentious, especially from the tribal perspective. First, American Indians were regulated by die U.S. Army and the Department of War, and dien later by the Bureau
  • 10. of Indian Affairs and the Department of the Interior. Today the controversy continues widi federal, state, and local jurisdictions attempting to intervene in tribal policing. This has caused jurisdictional confusion, tribal discontent, and litigations in Indian country.(French 69-80) M. Wesley Clark, a senior attorney in the U.S. Drug Enforcement Administration (DEA), says, "Policing in and adjacent to land widiin Indian country is often a complex and, at times, confusing jurisdictional puzzle. Solving this puzzle depends on a variety of factors, including whether the crime is a felony or misdemeanor, whether the subjects and victims are Indians, and whether the crime violates tribal, state, or federal law." (Clark 22-31) A 2005 report for die National Institute of Justice offers detailed information gathered on tribal law i 9 Police History and Organization .Indian reservations are plagued by a systematic breakdown in the delivery of justice. enforcement agencies, tribal courts and services, and criminal
  • 11. records systems from continental American Indian jurisdictions. More than 92 percent (314) of the 341 federally recognized American Indian tribes in the continental 48 states responded to the census. Relative to policing, die report reveals that 165 of the responding 314 tribes employed one or more full-time sworn officers widi general arrest powers; almost all (99 percent) had cross-deputization agreements with another tribal or public agency; and 56 percent of the tribes that employed one or more full-time sworn officers with general arrest powers were also recognized by their state governments to possess arrest authority. (Perry 1-5) The governmental power to make or enforce laws in Indian country is divided among federal, state, and tribal governments. Jurisdiction in a specific incident depends on the nature of the offense, whether the offender or victim was a tribal member, and the state in which the crime occurred. Public Law 83-280 (commonly called PL 280) conferred criminal jurisdiction in Indian country to six state governments (mandatory PL 280 states)—California, Minnesota, Nebraska, Oregon, Wisconsin, and Alaska—and the federal government. It also permitted other states to acquire jurisdiction at their option (optional PL 280 states). The optional PL 280 states—Nevada, Idaho, Iowa, Washington, Soudi Dakota, Montana, North Dakota, Arizona, and Utah— assumed jurisdiction either in whole or in part over Indian country within their boundaries. In states where PL 280 does not apply, the federal government retains criminal jurisdiction for major crimes. The 1994 Crime Act expanded federal criminal jurisdiction in Indian country in such areas as guns, ^ violent juveniles, drugs, and domestic violence. Thus, $ law enforcement in Indian country is dispersed among § federal, state, local, and tribal agencies. The tribes have | inherent powers to exercise criminal jurisdiction over ■ all tribal members and the authority to arrest and detain | non-Indians for delivery to state or federal authorities § for prosecution. These tribal police powers are generally ^ limited to the reservation. The work of tribal police
  • 12. 5 is often critical to resolving criminal cases referred to % state and federal agencies because tribal police usually discover the crime, interview witnesses, and investigate the circumstances involved in the crime. Often tribal police refer cases to U.S. attorney's offices for investigation because tribal courts generally hear only misdemeanor cases. (FBI, "Indian Country Crime") Cross-deputization agreements have been used to enhance law enforcement capabilities in areas where state and tribal lands are contiguous and intermingled. Under some agreements, federal, state, county/local, and/ or tribal law enforcement officers have the power to arrest Indian and non-Indian wrongdoers whenever a violation of law occurs. States, in some cases, have recognized tribal police to have peace officer authority to arrest tribal offenders off the reservation or detain nontribal offenders on the reservation. About 45 percent of die tribes with law enforcement personnel had arrest authority over tribal members off the reservation. About 62 percent of the tribes widi at least one sworn officer reported having arrest authority over non-Indians on tribal reservations. Very real problems affect tribal police as they provide law enforcement services in the country's most remote and undeveloped areas. These tribal police officers are stretched thin over large and diverse geographical territories. As an example, in Arizona, the Hualapal nation has only one police chief and 10 commissioned officers to cover the reservation's one million acres and population of 2,800 residents. The Stillaguamish Tribal Police of Arlington, Washington, have only seven patrol officers to cover 650 square miles of fish and game territory, as well as a casino. They face severe community problems and high unemployment, with drugs and substance abuse their greatest challenges. They also experience a lack of funding to build die type of infrastructure needed to accomplish their mission of policing. (Falk 20-27) In 2007, the Denver Post produced a series of articles on criminal justice in Indian country. It reported that Indian
  • 13. reservations are plagued by a systematic breakdown in the deliver)7 of justice. Noting that die sole authority to prosecute felony crimes on reservations lies widi die federal government, it reported that U.S. attorneys and FBI investigators face huge challenges fighting crime on reservations as they are mistrusted and viewed as outsiders. The high levels of alcohol use among victims, suspects, and witnesses that accompany many serious crimes can Organizing Security in the United States £3 make them very difficult to prove. Additionally, federal law enforcement officials are burdened by competing federal priorities such as immigration and terrorism. (Riley, "Promises, Justice Broken") Open road in Monument Vail Navajo Nation, Arizona. These problems are reflected in the statistics: Between 1997 and 2006, federal prosecutors rejected nearly two-thirds of the reservation cases brought to them by FBI and Bureau of Indian Affairs investigators, more than twice the rejection rate for all federally prosecuted crimes. Of the nearly 5,900 aggravated assaults reported on reservations in 2006, only 558 were referred to federal prosecutors, who declined to prosecute 320 of them. Of the more dian 1,000 arson complaints reported in 2006, only 24 were referred to U.S. attorneys, who declined to prosecute 18 of them. Commenting on die federal justice system, a Navajo tribal prosecutor stated, "They've created a lawless land." (Riley, "Promises, Justice Broken")
  • 14. Local Law Enforcement and Illegal Immigration A controversial issue in current law enforcement is the cooperation and escalating involvement of local police widi federal immigration officials in enforcing immigration laws. Immigration advocates and some local officials fear that diis cooperation will further erode an already tense relationship between minority and immigrant communities and local officers entrusted widi serving local residents. It has become routine for some police agencies to assist immigration authorities during arrests and to call immigration officials if a criminal suspect appears to be an undocumented alien. Also, some local police have been deputized as immigration agents at the request of federal authorities under signed agreements. On the other hand, some departments generally prohibit officers from asking people they stop about their immigration status. Q E UJ O UJ UJ z S Q Many police departments in cities, counties, and states have policies that restrict enforcement of federal immigration laws by local authorities. These policies, which can be termed as "don't ask," are favored by many police chiefs when dealing with undocumented residents who haven't committed crimes other than being in die country illegally. Chiefs say that these policies are an effective crime-fighting tool because they encourage illegal immigrants to report crimes without fear of deportation. They feel that the police can better fight crime by building trust with residents and encouraging them to help
  • 15. identify suspects and report problems. As an example, the Phoenix Police Department bars its officers from stopping people for the sole purpose of determining immigration status. It also forbids officers to call the federal Immigration and Customs Enforcement (ICE) about people who are crime victims or witnesses or people who have committed only minor civil offenses, such as driving without a license. However, officers automatically notify ICE whenever illegal immigrants are booked into jail. (Gonzalez, "Illegal Immigration.") Some anti- illegal-immigration advocates say these policies create "sanctuary cities" for illegal immigrants, shield foreign criminals from deportation, and hamper federal efforts to combat illegal immigration and terrorism. As of 2008, frustrated with ineffective immigration enforcement and often under considerable political pressure, a growing number of states, counties, and cities are requiring their law enforcement officers to help detect and deport illegal immigrants rather than just rely on federal agents. Some law enforcement agencies are training their officers to perform immigration checks themselves as part of ICE s 287 (g) program. This program refers to Section 287 (g) of die 1996 Immigration and Nationality Act. The 287 (g) program deputizes local officers to help enforce federal immigration laws. ICE provides local officers widi access to its immigration database and trains them in identifying illegal immigrants and ordering deportations with ICE's approval. ICE officials report that, under this program, local law enforcement officers have helped detect 32,000 illegal immigrants over the past three years who otherwise may have remained in the country. Approximately 55 state, county, and local law enforcement departments have taken die ICE training and more than 70 others are 2 24- Police History and Organization
  • 16. A Border Patrol agent processes a group of illegal immigrants in ^Arizona. centralized model of state law enforcement Combines the duties of major criminal investigations with the patrol of state highways. decentralized model of state law enforcement A clear distinction between traffic enforcement on state highways and other state-level 'aw enforcement functions. 1 1 Log onto www.cengagebrain.com ' to practice your vocabulary ' » with flash cards a nd more.on the ICE waiting list for training. (Taylor, "Local Police") Officers undergo a five-week training course in the 287 (g) program. The training includes instruction on civil rights and immigration laws, federal prohibitions on racial profiling, cross-cultural issues, and treaty obligations that require officers to notify foreign consulates about certain arrests. (Vock, "Police Join Feds") l.03 Describe State Law Enforcement Forty-nine of the fifty U.S. states have a primary state law enforcement agency. The only state without a primary state police agency is Hawaii, although it has several law enforcement agencies widi statewide jurisdiction. In the latest reporting year, die 49 primary state law enforcement agencies had about 89,265 full-time employees and more than 58,190 full-time sworn personnel. (Reaves, "Census" 2,6) State expenditures for police protection increased nearly 293 percent from 20 years ago with an average annual change of 6.4 percent. (Hughes 3) The largest state law enforcement agency is the California Highway Patrol, which has about 7,085 sworn officers followed by die New York State Police widi 4,667 sworn employees; the Pennsylvania State Police with 4,200 sworn officers; and die
  • 17. Texas Department of Public Safety widi 3,437 sworn employees. The smallest state police agencies are the North Dakota Highway Patrol with 135 sworn employees; the Wyoming Highway Patrol widi 188 sworn personnel; and the South Dakota Highway Patrol with 154 sworn employees. (Reaves, "Census" 6) Historically, state police departments were developed to deal with growing crime in nonurban areas of the country, which was attributable to the increasing mobility of Americans, die proliferation of cars, and die ease of travel. The state police agencies were formed by governors and legislators to lessen reliance on metropolitan and county police departments, which were more closely linked with politics and urban and county corruption. Generally, state police patrol small towns and state highways, regulate traffic, and have the primary responsibility to enforce some state laws. The state police also carry out many duties for local police agencies, such as managing state training academies, criminal identification systems, and crime laboratories. At die state level, there are two distinct models of law enforcement agencies. The centralized model of combines the duties of major criminal investigations with the patrol of state highways. The centralized state police agencies generally assist local police departments in criminal investigations when requested and provide the identification, laboratory, and training functions for local departments. Forty-nine of the 50 U.S. states have a primary state law enforcement agency. The second state model, the decentralized model of state law enforcement, has a clear distinction between trafficenforcement on state highways and other state-level law enforcement functions. The states that use this model—many southern and midwestern, and some western states— generally have two separate agencies, one a highway patrol and the other a state bureau of investigation. California, for example, has the
  • 18. California Highway Patrol and the California Division of Law Enforcement. 1 Organizing Security in the United States 25 1