the police gatekeepers to the cj system high visibility high discretion tension between wanting...

26
The POLICE Gatekeepers to the CJ system HIGH VISIBILITY HIGH DISCRETION Tension between wanting “effective” police and respecting individual freedom

Post on 22-Dec-2015

221 views

Category:

Documents


0 download

TRANSCRIPT

The POLICE Gatekeepers to the CJ system HIGH VISIBILITY HIGH DISCRETION Tension between wanting

“effective” police and respecting individual freedom

Precursors to Modern Police England (the “frankpledge”)

Pledge system Hundreds “constable” Shires “shire reeve”

Changes in the 13th Century Night Watchmen Justice of Peace

Early American Law Enforcement Followed the English Model County Sheriff most prominent

Many duties Paid by a “fee system”

In larger cities Night Watchmen Town Marshal

The Birth of Modern Policing England, 1829

Sir Robert PeelLondon Police force of 1,000 officers

Distinctive uniforms, military structure

Led by a “commissioner”

Early American Police Departments Development of police agencies

prompted by mob violence. Fear of “underclass” by wealthy Fear of urban street crime produced

demands for greater police protection. First Police Department opened in

Boston in 1838 First Full time = New York City (1844)

Early American Police Departments Police were incompetent, disliked and

corrupt. Appointed by politicians (who you know…)

Enforcement for reigning political powers Bust strikes

Control the rising number of foreign immigrants Brutality common (“Delegated

Vigilantism”)

20th Century American Policing20th Century American Policing

Public concern about police Public concern about police corruption led to reform efforts corruption led to reform efforts August VollmerAugust Vollmer

Technological advancementsTechnological advancements telegraph boxes, motorcycles and telegraph boxes, motorcycles and

police carspolice cars

Public concern about police Public concern about police corruption led to reform efforts corruption led to reform efforts August VollmerAugust Vollmer

Technological advancementsTechnological advancements telegraph boxes, motorcycles and telegraph boxes, motorcycles and

police carspolice cars

Major movements in policing:Major movements in policing:

Current Law Enforcement—The “FEDS” The FBI

The Mann Actinvestigators to enforce Eventually, organized as FBI under

Hoover Responsible for investigating all

violations of federal laws that are not covered by other agencies

Bank Robberies Civil Rights Violations

Other Federal Law Enforcement The Drug Enforcement

Administration Result of Harrison Act

U.S. Marshals INS ATF Secret Service

Between Federal and Municipal County Law Enforcement

Sheriffs Office Responsible for policing non-city

areas State Police

Every state but Hawaii Power/function depends upon

strength of Sheriff

Metropolitan (city) police Large variation in size

New York City = 36,000 officers Average city = 50 or fewer officers

Police Departments are typically their own political entity BUT, chief is appointed by mayor

Functions of the Police Patrol Investigation Administration/Paper work “Social Work” activities

Functions of the Police PATROL

Since beginning, police have “patrolled a beat”

Purpose is to DETER crime KC Preventative Patrol Directed Patrols or Saturation Patrols

Investigation Proactive vs. Reactive Effectiveness?

Investigation Most Critical =

information at crime scene

Bulk of time is spent on reports

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

Named Suspect Unnamed Suspect

Clearance Rate

The “Other” police functions Traffic Control “Social Work Activities”

Order maintenance, problem solving James Q Wilson “Handling the Situation”

THE IRONY is that within police departments, the social work function is often considered “bullshit work” Only 20% of police time involves “real police

work”

The Role of PoliceWhat Should Police be Doing? Traditional Legalistic Model

Patrol and respond to calls Viewed as “real police work”

The latest reform = “community oriented policing”

Community Oriented Policing Wilson and Kelling

The “Broken Windows Thesis” Implication of “broken windows for

policing?” Order Maintenance Problem Solving

Implementing COP ProgramsThe Practice of COP Team Policing Foot Patrols Community “Sub-stations” COP Officers Assigned to

Neighborhoods “Order Maintenance” Programs

Problem Oriented Policing Herman Goldstein coined this term.

Similar to C.O.P.Police should “solve problems” in a particular neighborhood. Example: NYC Domestic Violence Program

Crime Specific “Crackdowns” Targeting Crime “Hot spots”

Effectiveness of C.O.P. or Problem Orientated Policing Effectiveness Sketchy at Best

Some C.O.P. programs have improved community relations and reduced fear of crime.

Some Problem Oriented Policing programs have suppressed/reduced crime in certain locations.

Order Maintenance crackdowns have strained community-police relations in some areas (Amadou Diallo Case)

Police and the Rule of Law

Procedural Laws in Policing Miranda rights Search and Seizure Police Use of Force

Search and Seizure In order to search people, cars, or

homes, police generally need a warrant

Exceptions Incident to Arrest “Stop and Frisk” Automobile Search Consent Search “Plain View”

Police Use of Force Coercive Force is a Part of Policing

How much force is necessary in a situation?

Most “use of force” is non-lethal “Brutality” estimates vary

RACIAL??

The use of Deadly Force Tennessee v. Garner (1985)

“Fleeing Felon”

The “Police personality”? The Stereotype = cynnical, racist,

conservative, hostile Empirical Evidence not Clear

Explaining the “police personality” Individual traits Socialization Effect (more support)

Police Discretion Police only arrest a small % of all

suspects…which ones? Legal Factors “Extra-Legal” Factors

Race?? (SR vs. NCVS), Victim may matter more

DWB, the “war on drugs” Van Mannen “The Asshole”

Situational (intimacy, complainant's preference)

Corruption Reiss (1966)

20% of police engaged in at least one act of corruption

Knapp Commission (1973) Serpico “Meat eaters” and “Grass eaters”

Police “scandals” still common Texas drug scandal