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Section I The Evolution of Law Enforcement and Criminal Justice

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Section I The Evolution of Law Enforcement and Criminal Justice Chapter 1 A Brief History: The Evolution of Law and Our Criminal Justice System What Is Law? – PowerPoint PPT presentation

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Title: 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

10
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

19
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)

20
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
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