Section I The Evolution of Law Enforcement and Criminal Justice

1
Section IThe Evolution of Law Enforcementand
Criminal Justice

• Chapter 1
• A Brief History The Evolution of Law and Our
  Criminal Justice System

2
What Is Law?

• Body of rules for human conduct enforced by
  imposing penalties for violation
• Made and passed by the legislative branches of
  our federal, state, county and city governments
• Based on customs, traditions, mores and current
  need

3
Primitive and Ancient Law

• Ancient Babylonia (2200 BC)
• Code of Hammurabi The strong shall not injure
  the weak
• Lex talionis An eye for an eye
• Egypt
• Pharaoh appointed judges (1500 B.C.)
• Public officers perform police functions (1000
  B.C.)
• Greece
• Ephori given unlimited powers
• Plato Punishment should serve a purpose other
  than retaliation
• Rome
• Vigiles of Rome first civilian police force
• Praetorian Guard protects the palace and Urban
  Cohort patrols the city

4
Early English Law Enforcement Efforts

• Anglo-Saxon tithing system
• Established collective responsibility for
  maintaining local law and order
• William the Conquerers Frankpledge system (1066)
• Required loyalty to the kings law and mutual
  local responsibility of all free Englishmen to
  maintain peace
• Henry Is Leges Henrici
• Made law enforcement a public matter
• Henry II established jury system in 1154

5
The Magna Carta

• A precedent for democratic government and
  individual rights
• Laid the foundation for requiring rulers to
  uphold law
• Forbad taxation without representation
• Required due process of law, including trial by
  jury
• Provided safeguards against unfair imprisonment

6
The Next 500 Years

• King Edward I established Watch and Ward (1285)
• Parish constable system used for rural law
  enforcement in Middle Ages Watch and Ward for
  urban law enforcement
• Watch and Ward inadequate after Industrial
  Revolution (1750)
• Rise in unemployment, poverty and crime
• People resented use of military force
• Invention of gin and whiskey caused rise in crime
  and theft

7
Henry Fielding and the Bow Street Runners

• Henry Fielding was a lawyer, playwright and
  novelist who was appointed chief magistrate of
  policeless London.
• He fought for social and criminal reform.
• He established the first detective unit in
  London.

8
Peelian Reform

• 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.
• 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
  depends 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.

9
Early Policing in the United States

• Colonial America relied heavily on self-policing.
• New England adopted night watchman/constable.
• Southern states adopted office of sheriff.
• First U.S. Police Forces
• Boston
• New York
• Los Angeles

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Early Policing in the United States (cont.)

• Slave patrols (1700)
• Evolution of city police (1850s)
• Vigilante movement (17671900)
• Settlers took the law into their own hands in the
  absence of effective policing.
• Leader was usually one of the most powerful men
  in the community.

11
Police Investigators and Detectives

• Allan Pinkerton appointed first detective in
  Chicago (1849)
• Pinkerton National Detective Agencys motto We
  never sleep.
• Developed techniques still used today
• Stings and undercover work
• Surveillance methods of shadowing suspects

12
Establishment of Federal Agencies

• Department of Justice
• Federal Bureau of Investigation (FBI)
• Drug Enforcement Administration (DEA)
• U.S. Marshals
• Immigration and Naturalization Service (INS)
• Bureau of Prisons (BOP)
• Department of the Treasury
• Bureau of Customs
• Internal Revenue Service (IRS)
• Secret Service
• Bureau of Alcohol, Tobacco and Firearms (ATF)

13
Establishment of State Agencies

• Many federal agencies have state counterparts.
• The Texas Rangers were the first agency similar
  to our present state police.
• Todays most visible forms of state law are
• State police
• General police powers
• Enforce all state laws
• State highway patrols
• Focus on operation of motor vehicles on public
  highways
• Enforce traffic laws and all laws governing
  vehicles on public highways

14
Development of County Agencies

• County sheriff
• Keep the public peace
• Execute civil and criminal process
• Keep the county jail
• Preserve the courts dignity
• Enforce court orders
• County police
• Coroner or medical examiner

15
Development of Local Agencies

• Township and special district police
• Constable
• Marshall
• Municipal police

16
Tribal Law Enforcement

• More than 200 police departments operate in
  Indian Country
• Agencies are overseen by the Bureau of Indian
  Affairs (BIA)
• Tribally operated agencies provide a broad range
  of public safety services and functions

17
The Traditional Eras of Policing

• Political Era
• Reform Era
• Community Era
• Emerging fourth era

18
The Political Era (18401930)

• Police forces characterized by
• Broad social service function
• Decentralized organization
• Intimate relationship with community
• Extensive use of foot patrol
• Police corruption
• Spoils system To the victor go the spoils.
• Pendleton Act
• Created civil service system for government
  employees
• Made it illegal to fire or demote a worker for
  political reasons
• Minorities and women
• African American officers discriminated against,
  kept segregated
• Women officers protective and nurturing role,
  not crime-fighting
• Development of juvenile justice system

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The Reform Era (19301980)

• 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
• Influence of August Vollmer and O. W. Wilson
• Impact of blue-ribbon commissions
• Advances for women and minorities
• Griggs v. Duke Power Co.
• Equal Employment Opportunity Act (EEOA)

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The Community Era (1980Present)

• 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
• Partnerships with the community
• Use of foot patrol and a problem-solving approach
• Proactive response to crime

21
An Emerging Fourth Era of Policing

• A fourth era of policing is emerging
• As a result of the 9/11 attacks on America
• Characterized as
• Homeland security
• Data-driven
• Intelligence-led
• Predictive and evidence-based
• Based on risk assessment and risk management