History and Structure of

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Chapter 5
History and Structure of American Law Enforcement
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CHAPTER OBJECTIVES
After completing this chapter, you should be able
to

• Briefly describe the jurisdictional limitations
  of American law enforcement.
• Trace the English origins of American law
  enforcement.
• Discuss the early development of American law
  enforcement.

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• Describe the major developments that have
  occurred in policing in America.
• Describe the structure of American law
  enforcement.
• Discuss the development and growth of private
  security in the United States.

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5.1 The Limited Authority of American Law
Enforcement
The United States has almost 19,000 public law
enforcement agencies. The jurisdiction of each
agency is carefully limited by law.
Law enforcement is also limited by the procedural
law derived from U.S. Supreme Court decisions.
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jurisdiction
The right or authority of a justice agency to act
in regard to a particular subject matter,
territory, or person.
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JUSTICE ISSUE
A crime generally must be prosecuted in the
jurisdiction in which it was committed, and it is
generally held to have been committed in the
jurisdiction in which it was completed or in
which it achieved its goal. Thus, if a gun is
fired in one jurisdiction and death occurs in
another, the offense is generally held to have
been committed in the latter. Do you think such
a rule is appropriate?
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The Limited Authority of American Law Enforcement
Even compared with other democratic nations of
the world, the U.S. has remarkably more police
agencies that operate under far more restrictions
to their authority.
Like much of the criminal justice system, this
limited law enforcement model came from England.
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CRITICAL THINKING
Why do you think it is important that law
enforcement agencies have limited authority?
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5.2 English Roots
Our familiar law enforcement system, in which
uniformed officers respond to calls for help and
plainclothes detectives investigate, developed
over hundreds of years in England.
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The Tithing System
By the 12th century in England, the practice of
resolving disputes privately gave way to a system
of group protection, called the tithing system.
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tithing system
A private self-held protection system in early
medieval England, in which a group of ten
families, or a tithing, agreed to follow the law,
keep the peace in their areas, and bring law
violators to justice.
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The Tithing System
In larger areas, ten tithings were grouped
together to form a hundred, and one or several
hundreds constituted a shire. The shire was under
the direction of the shire reeve.
The shire reeve was assisted by posses.
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shire reeve
In medieval England, the chief law enforcement
officer in a territorial area called a shire
later called the sheriff.
continued
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posses
Groups of able-bodied citizens of a community,
called into service by a sheriff or constable to
chase and apprehend offenders.
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The Constable-Watch System
The Statute of Winchester, in 1285, formalized
the constable-watch system of protection.

• One man from each parish was selected to be
  constable.

• Citizens were drafted as (unpaid) watchmen, and
  were required to come to the aid of a constable
  or watchman who called for help.

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constable-watch system
A system of protection in early England in which
citizens, under the direction of a constable, or
chief peacekeeper, were required to guard the
city and to pursue criminals.
constable
The peacekeeper in charge of protection in early
English towns.
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The Constable-Watch System
Two elements of this system made their way to the
American colonies

• The people were the police
• The organization of the protection system was
  local.

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The Bow Street Runners
In 1748, a London magistrate named Henry Fielding
(best known for his writings, including the novel
Tom Jones) founded the first publicly funded
detective force in a district of London known as
Bow Street.
The Bow Street Runners paved the way for a more
professional response to crime.
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The London Metropolitan Police

• The Industrial Revolution brought a huge influx
  of people into London, and along with them,
  increasing poverty, public disorder, and crime.

• In 1829, Parliament created the London
  Metropolitan Police, a 1,000-member professional
  force.

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The London Metropolitan Police
The police became known as bobbies or peelers
after Robert Peel, who had pushed for their
creation.
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The London Metropolitan Police
The police were organized around Peels
Principles of Policing.

• The London Police were organized according to
  military rank and structure.
• The police were under the command of two
  magistrates (later called commissioners).
• The main function of the police was to prevent
  crime by preventive patrol of the community.

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Peels principles of policing
A dozen standards proposed by Robert Peel, the
author of the legislation resulting in the
formation of the London Metropolitan Police
Department. The standards are still applicable to
todays law enforcement.
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CRITICAL THINKING
Do you think any of the early English systems of
law enforcement (i.e., tithing) could work today?
Why or why not?
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5.3 The Development of American Law Enforcement
The United States has more police departments
than any other nation in the world. Virtually
every community has its own police force,
creating a great disparity in the quality of
American police personnel and service.
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Early American Law Enforcement
Settlers to the new American colonies brought
with them the constable-watch system, which
became common (although not necessarily
effective) in cities.
In many rural areas, a sheriff and posse system
was commonly used.
America developed with two separate law
enforcement systems.
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Law Enforcement in the Cities
The Industrial Revolution brought a flood of
people to American cities, often immigrants.
Overcrowded and unhealthy living and working
conditions led to fights, brawls, and riots.
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Law Enforcement in the Cities
Americans resisted the establishment of a public
police force. Plainclothes watchmen did not try
to prevent or discover crime.
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Municipal Police Forces

• In 1844, New York City created the first paid,
  unified police force in the U.S.

• Other cities followed suit, creating their own
  police departments, often merely an organization
  of the existing day and night watch.
• It was not until after the Civil War that police
  forces routinely began to wear uniforms and carry
  nightsticks.

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Tangle of Politics and Policing

• Until the 1920s in most American cities, local
  political leaders maintained complete control
  over the police force.

• The political and police systems in many cities
  were corrupt, and jobs, politics, and law
  enforcement all depended on paying money to the
  right person.

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Law Enforcement in the States and on the Frontier
Without large population centers to patrol, law
enforcement was more likely to respond to
specific situations

• Rounding up cattle rustlers
• Capturing escaped slaves

The basic structure of police units with broader
responsibilities grew out of this system.
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Southern Slave Patrols

• In the South, the earliest form of policing was
  the plantation slave patrols.

• Slave codes prohibited slaves from
• holding meetings
• leaving the plantation without permission
• traveling without a pass
• learning to read and write
• Slave patrols often whipped and terrorized
  slaves.

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slave patrols
The earliest form of policing in the South. They
were a product of the slave codes.
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Frontier Law Enforcement
In the American frontier, justice often meant
vigilantism.
Self-protection remains very popular in the South
and West.
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State Police Agencies
Growing populations, as well as the inability of
some local sheriffs and constables to control
crime, led states to create their own law
enforcement agencies.

• Texas officially created the Rangers in 1835.
• Pennsylvania established the first modern state
  law enforcement agency in 1905.
• By the 1930s, every state had some form of state
  law enforcement agency.

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Professionalism and Reform

• Until the late 19th century, there were no
  qualifications required for law enforcement
  officers.

• Cincinnati was the first city to require
  qualifications of police officers
• High moral character
• Foot speed

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Professionalism and Reform
It was not until the early 20th Century that
reformers began advocating training and education
for police officers.
Reformers also aimed to remove the police from
political influences.
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Conflicting Roles
Americans have never been sure what role they
want police officers to play. Police have acted
as

• peacekeepers
• social workers
• crime fighters
• public servants

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Conflicting Roles

• In the 19th century, police acted as peacekeepers
  and social service agents, feeding the hungry and
  housing the homeless.

• In the 1920s, police began to focus on
  crime-fighting.
• In the 1960s, the civil rights movement often
  resulted in violent clashes between police and
  citizens.

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MYTH
FACT
Random patrol, as opposed to directed patrol,
reduces crime. It is important to have police out
in patrol cars, scouting neighborhoods and
business districts.
There is not much value to such random patrols
other than perhaps helping people feel safe.
People would probably feel even safer if the
police were walking a beat.
continued
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continued
FACT
However, little research supports the idea that
officers who ride around for three to five hours
are repressing crime. Even being available to
respond to calls from the public is not a strong
argument for such patrols. Only a small
percentage of reported crimes and other incidents
require a rapid response.
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Conflicting Roles
Four blue-ribbon commissions studied the police
in the U.S. from 1967 to 1973. The reports
recommended

• Careful selection of law enforcement officers
• Extensive and continuous training
• Better management and supervision

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Community Policing
A desire to actually improve neighborhoods led to
the modern concept of community policing, which
involves

• A problem-oriented approach aimed at handling a
  broad range of troublesome situations.
• Greater emphasis on foot patrols.
• Building a relationship with citizens, so they
  would be more willing to help the police.

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community policing
A contemporary approach to policing that actively
involves the community in a working partnership
to control and reduce crime.
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CRITICAL THINKING

• Which of the major changes in the organization
  and operation of police departments do you think
  brought about the most significant changes? Why?
• What do you think are the key benefits of
  community policing? Why?

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5.4 The Structure of American Law Enforcement
American law enforcement agencies are extremely
diverse in

• Jurisdictions
• Responsibilities
• Employers (hospitals, colleges, transit
  authorities may have their own police)

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Local Policing and Its Functions
Many people may have met a local police officer.
Most do not understand what local police officers
really do.
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Municipal Police Departments
Most police departments in the U.S. employ fewer
than 50 sworn officers.
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Municipal Police Departments
Most police officers

• are white males
• have a high school diploma or higher education

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Local Police Functions
Four categories of local police functions are

• Law enforcementinvestigating crime and arresting
  suspects
• Order maintenance or peacekeepingcontrolling
  crowds, intervening in domestic disputes

continued
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Local Police Functions

• Serviceescorting funeral processions, taking
  people to the hospital
• Information gatheringdetermining neighborhood
  reactions to a proposed liquor license,
  investigating a missing child

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MYTH
FACT
The police spend most of their time and
resources apprehending law violators and
combating crime.
Only about 10 of police time and resources are
devoted to apprehending law violators and
combating crime.
continued
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continued
FACT
Most of their time and resources are spent
keeping the peace, which means maintaining a
police presence in the community, for example, by
routine patrolling.
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Organizational Structure
How a police agency is structured depends on

• The size of the agency.
• The degree of specialization.
• The philosophy the leadership has chosen.
• The political context of the department.
• The history and preferences of a particular
  community.

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Organizational Structure
Large departments have many specialized
departments.
Small departments rarely have specialized
departments, or officers trained in complex
investigation.
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JUSTICE ISSUE
Police departments are usually organized in a
military structure. Some people think a military
structure does not fit police work because the
work is so varied, and the structure impedes the
flow of communication. Do you think the military
structure of police departments impedes or
facilitates police operations? Why?
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The Political Context of Policing
Police departments are part of larger
governments. Municipalities generally operate
under one of four forms
Each style of government varies in the amount of
control citizens have over their leaders,
including the chief of police.

• Strong Mayor-Council
• Weak Mayor-Council
• City Manager
• Commission

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County Law Enforcement
A substantial portion of law enforcement work in
the United States is carried out by the
sheriffs departments.
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County Law Enforcement Functions
County sheriff and department personnel perform
many functions

• Investigating crimes
• Supervising sentenced offenders
• Enforcing criminal and traffic laws
• Serving summons, warrants, and writs

continued
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County Law Enforcement Functions

• Providing courtroom security
• Transporting prisoners
• Operating a county jail

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Politics and County Law Enforcement
Most sheriffs are directly elected and depend on
an elected board of county commissioners or
supervisors for funding.
Most have more freedom than police chiefs.
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State Law Enforcement
State law enforcement agencies provide criminal
and traffic law enforcement, and other services
particular to the needs of that state government.
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State Law Enforcement
Each state has chosen one of two models for
providing law enforcement services
State police model
Highway patrol model
Example Texas Rangers
Example California Highway Patrol
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state police model
A model of state law enforcement services in
which the agency and its officers have the same
law enforcement powers as local police, but can
exercise them anywhere within the state.
continued
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highway patrol model
A model of state law enforcement services in
which officers focus on highway traffic safety,
enforcement of the states traffic laws, and the
investigation of accidents on the states roads,
highways, and on state property.
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State Law Enforcement
Both state police and highway patrol agencies
perform the following services

• Help regulate commercial traffic.
• Conduct bomb investigations.
• Protect the governor and the capitol grounds and
  buildings.
• Administer computerized information networks for
  the state, which link up with the National Crime
  Information Center (NCIC) run by the FBI.

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Federal Law Enforcement
Among the best-known federal law enforcement
agencies are

• FBI
• U.S. Secret Service
• Treasury Department
• Drug Enforcement Agency

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Federal Law Enforcement
Lesser-known agencies also exist. Their
jurisdictions are narrowly defined by specific
statutes.
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Federal Law Enforcement
Major differences between federal law enforcement
and local and state police are

• Federal agencies operate across the nation.
• Federal agencies usually do not have peacekeeping
  duties.
• Some federal agencies have very narrow
  jurisdictions.

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CRITICAL THINKING

• What do you think are the pros and cons of
  working at the local, state, and federal levels
  of law enforcement?
• Do you think that any one of the three major
  areas of law enforcement (local, state, federal)
  is more prestigious? Why?

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5.5 American Private Security
Private security in the United States is a huge
enterprise. The U.S. spends 73 more on private
security than on public policing each year.
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American Private Security
Private security employment is often categorized
two ways
Contract security
Proprietary security
Example security guards hired for a college
football game
Example the security force for a corporations
manufacturing plants
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contract security
Protective services that a private security firm
provides to people, agencies, and companies that
do not employ their own security personnel or
that need extra protection. Contract security
employees are not peace officers.
continued
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proprietary security
In-house protective services that a security
staff, which is not classified as sworn peace
officers, provide for the entity that employs
them.
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Reasons for Growth
A number of factors have stimulated the
phenomenal growth of private security since the
1970s

• Declining revenues for public policing.
• The private nature of crimes in the workplace.
  Companies can control and hide crimes by
  employees.

continued
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Reasons for Growth

• Better control and attention to the problem,
  particularly within a business.
• Fewer constitutional limitations on the actions
  of private security officers.

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Citizen Contact with Private Security
Private security officers provide security in
many locations where people conduct business

• Office buildings
• Parking garages
• Hospitals
• Schools

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Issues Involving Private Security
A number of unresolved problems and issues hamper
the private security industry

• Legal status and authority derives from the
  rights of the employer. Private security has few
  constitutional limitations and can be held
  civilly liable.
• Public policing in a private capacity. Sworn
  officers often work for private companies,
  blurring the lines of responsibility and
  liability.

continued
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Issues Involving Private Security

• Qualifications and training vary widely.
• Diminished public responsibility. The government
  may not be living up to its responsibility to
  provide for the general welfare.

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JUSTICE ISSUE
What do you see as the pros and cons of having a
private security company assume policing duties
for a community?
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CRITICAL THINKING

• What do you think are some of the benefits and
  drawbacks of being a private security officer?
• Do you think that stricter qualification
  standards should be established for private
  security personnel? Why or why not?

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End of Chapter 5