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The POLICE

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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, ... – PowerPoint PPT presentation

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Title: The POLICE


1
The POLICE
  • Gatekeepers to the CJ system
  • HIGH VISIBILITY
  • HIGH DISCRETION
  • Tension between wanting effective police and
    respecting individual freedom

2
Precursors to Modern Police
  • England (prior to Norman Conquest)
  • Pledge system
  • Hundreds? constable
  • Shires ? shire reeve
  • Changes in the 13th Century
  • Night Watchmen
  • Justice of Peace

3
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

4
The Birth of Modern Policing
  • England, 1829
  • Sir Robert Peel?London Police force of 1,000
    officers
  • Distinctive uniforms, military structure
  • Led by a commissioner

5
Early American Police Departments
  • Development of police agencies prompted by mob
    violence.
  • Gentry feared restlessness of the underclass.
  • Fear of urban street crime produced demands for
    greater police protection.
  • First Police Department opened in Boston in 1838

6
Early American Police Departments
  • Police were incompetent, disliked and corrupt.
  • Primary functions were to
  • serve as enforcement powers for reigning
    political powers
  • protect private property
  • control the rising number of foreign immigrants

7
20th Century American Policing
Major movements in policing
  • Public concern about police corruption led to
    reform efforts
  • August Vollmer
  • Technological advancements
  • telegraph boxes, motorcycles and police cars

8
Current Law EnforcementThe FEDS
  • The FBI
  • The Mann Act?investigators 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

9
Other Federal Law Enforcement
  • The Drug Enforcement Administration
  • Result of Harrison Act
  • U.S. Marshals
  • INS
  • ATF
  • Secret Service

10
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

11
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

12
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?

13
Functions of the Police
  • Patrol
  • Investigation
  • Administration/Paper work
  • Social Work activities

14
Investigation
  • Another example of the wedding cake?
  • Most Critical information at crime scene
  • Bulk of time is spent on reports

Clearance Rate
15
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

16
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

17
The Theory of Community Oriented Policing
  • Wilson and Kelling
  • The Broken Windows Thesis
  • Implication of broken windows for policing?
  • The goal of policing should be to help maintain
    communities and solve community problems
  • Take care of little stuff (order maintenance)
  • Improve community communication/input

18
Implementing COP ProgramsThe Practice of COP
  • Team Policing
  • Foot Patrols
  • Community Sub-stations
  • COP Officers Assigned to Neighborhoods
  • Order Maintenance Programs

19
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

20
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.

21
Police and the Rule of Law
  • Procedural Laws in Policing
  • Miranda rights
  • Search and Seizure
  • Police Use of Force

22
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

23
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
  • The use of Deadly Force
  • Tennessee v. Garner (1985) Fleeing Felon

24
The Police personality?
  • The Stereotype cynnical, racist, conservative,
    hostile
  • Empirical Evidence not Clear
  • Explaining the police personality
  • Individual traits (selection effect)
  • Police Subculture

25
Police Discretion
  • What factors influence decision to arrest?
  • Community Level Factors
  • Departmental Factors
  • Situational Factors
  • Legal Factors
  • Extra-Legal Factors (Race, Class, Demeanor)
  • Van Mannen The Asshole
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