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INTRODUCTION TO LAW ENFORCEMENT AND CRIMINAL JUSTICE, 8th Edition Chapter 1 A Brief History: The Evolution of Law and Our Criminal Justice System

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Title: INTRODUCTION TO LAW ENFORCEMENT AND CRIMINAL JUSTICE, 8th Edition Chapter 1 A Brief History: The Evolution of Law and Our Criminal Justice System


1
INTRODUCTION TO LAW ENFORCEMENT AND CRIMINAL
JUSTICE, 8th Edition Chapter 1 A Brief History
The Evolution of Law and Our Criminal Justice
System
  • By Henry M. Wrobleski and Kären M. Hess

2
What is law?
  • Law refers to all the rules of conduct
    established and enforced by the custom, authority
    or legislation of a group, community or country.
  • Law implies both prescription (rule) and
    enforcement by authority.
  • In the United States, those who enforce the laws
    are not the same as those who make them.

3
When and why did law enforcement begin?
  • A system of law and law enforcement began earlier
    than 2000 B.C. as a means to control human
    conduct and enforce societys rules. Keeping the
    peace was the responsibility of the group.

4
Figure 1-1 From the Code of Hammurabi (2200 B.C.)
  • If a builder builds a house for a man and
    does not make its construction firm and the house
    collapses and causes the death of the owner of
    the housethat builder shall be put to death. If
    it causes the death of a son of the ownerthey
    shall put to death a son of that builder. If it
    causes the death of a slave of the ownerhe
    shall give the owner a slave of equal value. If
    it destroys property he shall restore whatever it
    destroyed and because he did not make the house
    firm he shall rebuild the house which collapsed
    at his own expense.

5
Peelian Reform
  • Sir Robert Peel was known as the father of
    modern policing
  • Peels principles for reform called for
  • Local responsibility for law and order
  • Appointed, paid civilians to assume this
    responsibility and,
  • Standards for conduct and organization.
  • Peels proposals led to the organization of the
    Metropolitan police of London in 1829.

6
The principles of Peelian Reform stated
  • 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.
    (continued . . .)

7
The principles of Peelian Reform stated
  • 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
    is dependent 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.

8
Federal Law Enforcement
  • Congress created several federal law enforcement
    agencies to meet demands created by the nations
    changing conditions.
  • Among the earliest of these agencies were the
    U.S. Marshals Office, the Immigration and
    Naturalization Service, the Secret Service, and
    the Internal Revenue Service.
  • The recent creation of the Department of Homeland
    Security brought with it a reorganization of the
    Department of Justice and the Department of the
    Treasury.

9
Law Enforcement Agencies Within DHS

Department of Homeland Security
U.S. Coast Guard
Secret Service
Federal Computer Incident Response Center
Bureau of Citizenship and Immigration Services
Customs and Border Protection
Office of Inspector General
Transportation Security Administration
10
The Three Eras of Policing
  • The Political Era (1840-1930)
  • The Reform Era (1930-1980)
  • The Community Era (1980-Present)

11
The Political Era (1840-1930)
  • Police forces characterized by
  • broad social service function
  • a decentralized organization
  • intimate relationship with community
  • extensive use of foot patrol
  • The spoils system
  • The Pendleton Act and civil service system
  • African-American officers discriminated
    against, kept segregated
  • Women officers protective and nurturing role,
    not crime-fighting

12
The Reform Era (1930-1980)
  • 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
  • Impact of Blue Ribbon Commissions
  • Advances for women and minorities
  • Griggs v. Duke Power Co.
  • Equal Employment Opportunity Act (EEOA)

13
The Community Era (1980-Present)
  • 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
  • intimate relationship with the community
  • use of foot patrol and a problem-solving approach

14
Juvenile Justice System
  • Doctrine of parens patriae
  • Four major phases in the development of the
    juvenile justice system
  • A Puritan emphasis
  • An emphasis on providing a refuge for youths
  • Development of a separate juvenile court
  • Emphasis on juvenile rights
  • Illinois Juvenile Court Act of 1899
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