Police, Punishment Police, Punishment and Prisonsand PrisonsBy Dr. June TerpstraBy Dr. June Terpstra

7/077/07

• Since war has existed, the police function has been inseparable from the military function as ancient rulers always kept elite, select units (bodyguards) close at hand to protect them from threats and assassination attempts

• In Mesopotamia, Uruk/Irak, captured Nubian slaves were the first police force.

• This group was often put to work as marketplace guards, Praetorian guards, or in other mercenary-like positions.

• As a police force, their different color, stature, and manner of dress made them quite visible among the Mesopotamians.

To “keep the peace” meant keeping the king's peace of mind.

• An early reference to a watchman can be found in the Bible which states that it was the duty of the watch to blow the horn and sound the alarm. (Ezekiel 33:1-6)

• The existence of watchmen have also been found in the Ottoman, Greek and Egyptian Empires.

• WIKI

The Roman Empire turned the role of a watchman into a profession by creating two organizations:

the Praetorian Guard thus establishing a rank and file system with a Captain of the Guard.

Vigiles, literally the watch.

WIKI

AugustusAugustus’’ Praetorian Guard Praetorian Guard

27 BC27 BC to protect him from assassinationto protect him from assassination 9000 men were selected and 9000 men were selected and

divided into 9 cohorts of 1000 each. divided into 9 cohorts of 1000 each. 3 of these cohorts operated as 3 of these cohorts operated as

undercover operatives housed undercover operatives housed among the civilian residents. among the civilian residents.

The Praetorian The Praetorian Guard eventually Guard eventually became involved became involved in assassination in assassination plots themselves, plots themselves, and were and were disbanded or disbanded or reabsorbed by the reabsorbed by the military.military.

Constantine I dissolved the Guard dissolved the Guard in the fourth century. in the fourth century.

MIDDLE AGES (400 A.D. - 1600 MIDDLE AGES (400 A.D. - 1600 A.D.)A.D.)

       the watch system -- a system the watch system -- a system premised on the importance of premised on the importance of voluntarily patrolling the streets and voluntarily patrolling the streets and guarding cities from sunset to sunrise guarding cities from sunset to sunrise ("2 A.M. and all's well") ("2 A.M. and all's well")

Watchmen were the middle-ages security Watchmen were the middle-ages security guard.guard.

The predominant function of policing The predominant function of policing became class control (keeping watch on became class control (keeping watch on vagrants, vagabonds, immigrants, gypsies, vagrants, vagabonds, immigrants, gypsies, tramps, thieves, and outsiders in general)tramps, thieves, and outsiders in general)

Gendarme SystemGendarme System

The gendarme system was created by The gendarme system was created by Charlemagne and is associated with Charlemagne and is associated with centralized policing found in French centralized policing found in French speaking countries. speaking countries.

Gendarmes charge fees based on Gendarmes charge fees based on performance. Gendarmes were feared performance. Gendarmes were feared and respected professionals.and respected professionals.

Pledge SystemPledge System The pledge system was created The pledge system was created

by Alfred the Great (England) by Alfred the Great (England) and is associated with and is associated with decentralized policing by decentralized policing by constables or deputies. constables or deputies.

Each citizen is pledged to Each citizen is pledged to perform some kind of police perform some kind of police work unless excused by a "shire-work unless excused by a "shire-reeve" who appoints reeve" who appoints "constables" from among the "constables" from among the watchmen. Constables were watchmen. Constables were beloved amateurs.beloved amateurs.

English Tradition

• The Shire-reeve in the tithing system where groupings of ten families had to pay the fines for any criminal activity of the group.

Justice of the Peace 1326

• The Constable parish system• Night watch• Investigating crimes• Securing criminals for trial

Metropolitan Police Act 1829Sir Robert Peel

• Reduce tension between police and public• Use non-violent means to keep the peace• To relieve the military from controlling

urban violence• To be judged on the absence of crime

Fundamental Policing Principals of 1829 Police force must be organized like military All must be under government control Hire qualified people and train them well New police are probationary Police must be assigned to specific areas of

the city (guard the rich and police the poor) Police officers must control their temper and

refrain from violence whenever possible Police records must be kept effectively

The Bobbies in 1829The Bobbies in 1829named after Sir Robert Peel, named after Sir Robert Peel, the first professional police force the first professional police force

in the worldin the world discipline, appearance, discipline, appearance,

recruitment, and visibility recruitment, and visibility (omnipresence).(omnipresence).

USA First Police Department

• Boston, 1801

• Night watch system for 30 years

• Watchmen paid 50 cents a night

Primarily because of adoption of the Primarily because of adoption of the English systemEnglish system, the U.S. system is , the U.S. system is characterized by: characterized by:

(1) limited authority (legitimacy (1) limited authority (legitimacy problems); problems);

(2) decentralization (local control and (2) decentralization (local control and variation); and variation); and

(3) fragmentation (one hand doesn't (3) fragmentation (one hand doesn't know what the other is doing).know what the other is doing).

USA Police HistoryServe and Protect Who?

• Early policing had little to do with crime control.

• They were established to control slaves, native American, and rebellious workers.

• Regulating market activities• Controlling gambling and vice• Managing live stock

1840-19301840-1930►DecentralizedDecentralized►Placed to satisfy the needs of city Placed to satisfy the needs of city

industrialists and political interestsindustrialists and political interests►Widespread police corruptionWidespread police corruption

New Amsterdam/NYCNew Amsterdam/NYC16521652

1652 rattle watch, where patrolmen 1652 rattle watch, where patrolmen communicated with one another by communicated with one another by shaking little wooden rattles (10-codes). shaking little wooden rattles (10-codes).

NYC also adopted the Roman precinct NYC also adopted the Roman precinct system. system.

American watchman were often so dull American watchman were often so dull they were called leather heads, and they were called leather heads, and sometimes minor offenders were sometimes minor offenders were sentenced to police work as punishment.sentenced to police work as punishment.

Volunteers mostly made up the Volunteers mostly made up the slave patrols that roamed the slave patrols that roamed the South. South.

Vigilantism=TerrorismVigilantism=Terrorism LABOR VIGILANTISMLABOR VIGILANTISM Between 1870-1937 at least 700 strikers Between 1870-1937 at least 700 strikers

were killed by police troops and militiaswere killed by police troops and militias

Chacon and Davis Chacon and Davis ““No one is illegalNo one is illegal””

Private Private ““securitiessecurities”” PinkertonsPinkertons Sherman CorpSherman Corp Bergog AgencyBergog Agency Baldwin Delts Detective AgencyBaldwin Delts Detective Agency Pennsylvania Coal and Iron PolicePennsylvania Coal and Iron Police Ford Service Dept.Ford Service Dept.

PinkertonPinkerton’’s outnumbered regular US s outnumbered regular US Army in 1890sArmy in 1890s

HomesteadHomestead 1892 Steelworkers Defeated a 1892 Steelworkers Defeated a

regiment of Pinkertonsregiment of Pinkertons

Blair MountainBlair Mountain 1921m West Virginia miners battled 1921m West Virginia miners battled

Baldwin DeltsBaldwin Delts

Lynching 1832-1936Lynching 1832-1936 An African An African

American was put to American was put to death in the South death in the South on the average of on the average of every four days.every four days.

Inigalls, Urban Vigilantes Inigalls, Urban Vigilantes in the New Southin the New South

SPOILS ERA (1800 A.D. - 1900 A.D.)

    • It's called the spoils era ("to the victor go the spoils") --municipal police were firmly in the hands of big-city political machines.

• In fact, the history of the union workers right to strike is caught up with the history of the well-known police "paddy wagon" to round up the oft-intoxicated Irish factory workers on picket lines.

Coppers 1835-1890• industrial and race riots began sweeping across

America, mostly involving Irish and Native Americans • 1845 in New York City is the generally accepted date

and place for the start of paid, professional policing in America

• They were called Coppers, after the copper stars they wore as badges on their Peelian uniforms. 24 hours a day, 7 days a week

Coppers cont.

• they were given significant membership in the society• available to control riots, and were trained to think of

themselves as better than the working class they were recruited from

• They were armed with guns (like most citizens at the time) even when policy or public opinion prohibited it

Texas Rangers (founded 1845) "shoot first, ask questions later."

• Originally starting out as Rangers of the King, a group of henchmen for cattle baron, Richard King

• the first state police organization • wiping out Commanche tribes • slaughtering thousands of Mexicans

Pinkerton's Private Security Agency in 1855 "We Never Sleep"

• busted strikes, • secured the railroads, • ended horse theft • provided military intelligence • protected presidents

Pennsylvania Constabulary

• originally formed to assist mine owners in breaking coal strikes

Federal Investigators • prompted in part by the California Gold Rush of 1848• Postal Inspectors, IRS, Border Patrol, Secret Service,

and what would later become the FBI

International Association of Chiefs of Police (IACP) in 1902.

• Professionalism • citizen-soldier model • scientific crime fighter model • crime labs• fingerprint repositories• uniform crime reporting

The Fraternal Order of Police The Fraternal Order of Police (FOP) were created in 1915 (FOP) were created in 1915

soon followed by American Federation of State soon followed by American Federation of State County Municipal Employees (AFSCME), County Municipal Employees (AFSCME), Teamsters, and the umbrella group, International Teamsters, and the umbrella group, International Conference of Police Associations (ICPA). Conference of Police Associations (ICPA).

They cannot strike.  Collective bargaining They cannot strike.  Collective bargaining arrangements are much more common, with arrangements are much more common, with municipal police officers protected by them municipal police officers protected by them in 72% of departments (46% in sheriffs' in 72% of departments (46% in sheriffs' offices).  offices). 

The actual percentage of cases where an The actual percentage of cases where an association actively represents a police association actively represents a police officer as a union official is 36% (11% in officer as a union official is 36% (11% in sheriff's offices).sheriff's offices).

The Chicago Crime CommissionThe Chicago Crime Commission1919 1919

► civilian oversight or review boardcivilian oversight or review board► groups such as this helped bring intellectual ideas groups such as this helped bring intellectual ideas

about the causes of crime to policingabout the causes of crime to policing► For the first time, policewomen were given a chance For the first time, policewomen were given a chance

to do real police work, not just work as juvenile to do real police work, not just work as juvenile matrons or undercover decoysmatrons or undercover decoys

► higher education being important for police officers higher education being important for police officers ► enforcing the law in neutral fashion (the neutral enforcing the law in neutral fashion (the neutral

function - to serve and protect).function - to serve and protect).

GANGSTER ERA (1920 A.D. - 1950 A.D.)   

• Volstead Act (more commonly called the 18th Amendment or Prohibition) of 1919

• trying to enforce an unenforceable law, like the war on drugs• that decade was followed by one of widespread unemployment

(the Great Depression)• Both events produced "big-time" gangsters, such as Al

Capone, John Dillinger, Baby Face Nelson, Machine Gun Kelly, Bonnie and Clyde, who became heroes to the American people

• crime fighting focuses on illegitimate gangster

Prohibition• vice control –legislating morality• The public had no intention of giving up alcohol• police used brute force and dirty tricks• new crimes were emerging: joyriding, drive-by

shooting, ransom kidnapping daylight bank robberies

J. Edgar Hoover and Elliot Ness• Hoover rose from the ranks of the FBI (the G-men) to become its

Director (the Boss) from 1924 to 1964• In 1929, Elliot Ness, who headed the Prohibition Bureau (later the ATF)

also made a name for himself and his T-men• Both Hoover and Ness regularly used wiretapping, spy techniques, and

the latest technology to ply their trade. • They believed in their agents being above reproach (untouchable)• Hoover's created the FBI National Academy which became a citadel of

expertise in law enforcement.

The "college cop" movement The White Guys let in a few more white Gals

• Started by August Vollmer was the police chief for Berkeley, California from 1905 to 1932. and professor of police administration at the University of California Berkeley from 1932 to 1937

• every police officer should have at least a bachelor's degree• IQ testing• the spread of justice programs in academe • supported the policewoman movement

Wickersham Report1928

• Personnel standards -- removal of employees, even the chief, "for cause"

• Communications & records -- modern systems based on Berkeley model

• Salary & benefits schedule -- fair schedules of pay and promotion by grade

• Separate units -- for crimes involving juveniles and vice• State information bureaus -- crime data collection and analysis

centers• Training academies -- creation of regional ones, such as the

Northwestern Traffic Institute, Southern Police Institute, Wichita, San Jose, Michigan State

Police Code of Ethics by Orlando Wilson

• remove politics from law enforcement • roll call training• swing shifts• patrol allocation.

REVOLUTIONARY ERA (1960 A.D. - 1970 A.D.)“OFF THE PIG”

• 300 citizens a year killed by police • crime rates tripled • major urban rioting • Mapp v. Ohio (1961) enforces the exclusionary rule • Miranda v. Arizona (1968) • death penalty was abolished from 1967 to 1977

If you thought the term pig arose in the 1960s, you're in for a surprise. The OED cites an 1811 reference to a "pig" as a Bow Street Runner--the early police force, named after the location of their headquarters, before Sir Robert Peel and the Metropolitan Police Force (see above.) Before that, the term "pig" had been used as early as the mid-1500s to refer to a person who is heartily disliked.

President's Commission on Law Enforcement and Administration of Justice 1965

• the "gun" model • popularized the phrase "criminal justice system" • Computerized police information systems (NCIC,

SEARCH) were also created

1968, Congress passed the Omnibus Crime

Control and Safe Streets Act • large infusion of money into the criminal justice system • created the largest bureaucracy in federal government

(until its demise in 1982), the Law Enforcement Assistance Administration LEAA

• creating most of the academic programs (LEAA clones) in criminal justice that exist at colleges and universities today.

CURRENT ERA (1970 A.D. - PRESENT)CURRENT ERA (1970 A.D. - PRESENT) Police Community Relations Police Community Relations Team Policing experiment (involving demilitarization, blazers Team Policing experiment (involving demilitarization, blazers

instead of uniforms, and patrolmen and detectives working instead of uniforms, and patrolmen and detectives working side by side without any difference in rank). side by side without any difference in rank).

Some of the first successful programs were Open Houses and Some of the first successful programs were Open Houses and Ride Alongs, pioneered by the St. Louis PD among others. Ride Alongs, pioneered by the St. Louis PD among others.

Some departments experimented with citizen self defense Some departments experimented with citizen self defense training, citizen police academies, or coffee klatches training, citizen police academies, or coffee klatches (community meetings or town halls). (community meetings or town halls).

Commissions investigating police corruption – 1894 Lexow Commission Tammany Hall

machine politics– 1913 Curran Commission gambling, prostitution

corruption– 1932 Seabury Commission alcohol corruption– 1949 Brooklyn Grand Jury gambling payoffs– 1972 Knapp Commission drug corruption

(Serpico)– 1993 Mollen Commission drug corruption

(Buddy Boys)

Community policing 1980’s

• Community policing focuses on crime• Community policing focuses on fear of crime, and sees the

streets as a separate war zone• focuses on disorder, hence it returns policing to a constable-

era order maintenance function • Community policing focuses on decay, which are the physical

signs of disorder (broken windows), involving police in such things as graffiti removal

Since Sept. 11, 2001, police have been trying to integrate

homeland security functions into their role in society.  Much of this has involved getting as many police officers as possible

screened for security clearances, but much of it also has involved

grants for technology and communications interoperability.

Retributive Justice • Conservative policy for crime is to increase the capacity

of the state to detect, catch, prosecute and imprison street criminals• the worse the crime, the more severe the punishment• people who commit similar crimes should get similar

punishment.

Two Features of Two Features of Retributive Justice Retributive Justice

a social psychology oriented to pain a social psychology oriented to pain a philosophy of corrections oriented to a philosophy of corrections oriented to

linear calculations of punishment linear calculations of punishment

The Conservative Agenda The Conservative Agenda ► use of search and seizure of evidenceuse of search and seizure of evidence► *standard sentencing for each kind of crime*standard sentencing for each kind of crime► *weakening the rules of evidence*weakening the rules of evidence► *use of prison sentencing*use of prison sentencing► *use of military discipline in jail and prisons*use of military discipline in jail and prisons► *lengthening time in jail and prison*lengthening time in jail and prison► *reducing the use of probation *reducing the use of probation ► *use of electronic monitoring during probation*use of electronic monitoring during probation► *the use of capital punishment*the use of capital punishment► *turning jails and prisons over to the private sector*turning jails and prisons over to the private sector► *turning prisons into factories: use of convict wages to *turning prisons into factories: use of convict wages to

repay the victim.repay the victim.► *three strikes and out: life imprisonment for a third *three strikes and out: life imprisonment for a third

conviction.conviction.

Expanding the net of socialExpanding the net of socialcontrolcontrol

HIGH TECH CONTROLHIGH TECH CONTROL Chemicals Chemicals Electronic Prisons Electronic Prisons Profiling Profiling

The United States of The United States of IncarcerationIncarceration

"When there are no more jobs in town, one's "When there are no more jobs in town, one's only choice is being a prison guard or a only choice is being a prison guard or a prisoner."prisoner."

2.3 million people incarcerated in the U.S2.3 million people incarcerated in the U.S

http://www.markfiore.com/animation/shiv.html

The United States incarcerates a greater share of its population, than any other

country on the planet!

724 per 100,000 residents

By 2011, the U.S. prison and jail population will have added nearly 200,000 inmates - a 13 percent overall increase and a 16 percent jump for women, according to a 50-state study by the Pew Charitable Trusts

US prisons have become big business, housing 25% of all the

people in the world behind bars, the largest prison population on the

planet.

U.S. incarceration rates by race, June 30, 2004

• Whites: 393 per 100,000 • Latinos: 957 per 100,000 • Blacks: 2,531 per 100,000 • Locking up 1 in 3 young black men in this nation

Approximately 8 percent of Black males between 25 and 29 were incarcerated in 2005, compared to 2.2 percent Latinos and 1.1 percent Whites. Black males in general accounted for nearly 550,000 of the 1.4 million federal and state prison inmate population, and Black females almost 30,000.

War on Drugs = War on Minorities

• African Americans make up an estimated 15% of drug users,• they account for 37% of those arrested on drug charges, • 59% of those convicted and 74% of all drug offenders sentenced

to prison• The U.S. has 260,000 people in state prisons on nonviolent drug

charges• 183,200 (more than 70%) of them are black or Latino.

PRIVATIZING & CRIMINALIZINGPRIVATIZING & CRIMINALIZING The privatization of the prison industry (corporate The privatization of the prison industry (corporate

owned prisons funded with tax dollars) creates an owned prisons funded with tax dollars) creates an entirely new industry in the USA which is dependent entirely new industry in the USA which is dependent upon filling prisons cells to make a profit.  This is upon filling prisons cells to make a profit.  This is accompanied by the equally disturbing trend accompanied by the equally disturbing trend towards the use of extremely cheap prison labor towards the use of extremely cheap prison labor forces who make more profits for private industries forces who make more profits for private industries such as Starbucks and Victoria Secret. These trends such as Starbucks and Victoria Secret. These trends prevent some of the outsourcing of jobs out of the prevent some of the outsourcing of jobs out of the country and into slave-labor markets in the USA so country and into slave-labor markets in the USA so that corporations can make record-breaking profits. that corporations can make record-breaking profits. Of course, sustaining those profits will require a Of course, sustaining those profits will require a steady flow of prisoners, creating a self-sustaining steady flow of prisoners, creating a self-sustaining system that, once built, is becoming a permanent system that, once built, is becoming a permanent part of the landscapepart of the landscape. . (McGowan, 1998)  (McGowan, 1998) 

• Every day in prisons and jails across the USA the human rights of prisoners are violated. In many facilities, violence is endemic. In some cases, guards purposefully fail to stop inmates assaulting each other. In other cases the guards are themselves the abuser, subjecting their victims to beatings and sexual abuse. Prisons and jails use mechanical, chemical and electro-shock methods of restraint that are cruel, degrading and sometimes life-threatening. The victims of abuse include pregnant women and the mentally ill.  (Amnesty International, 1998)

• Some of the country's largest and most profitable corporations have quietly begun to use prison labor forces, at wages up to 80% below the national minimum wage. Among those reportedly contracting to employ prisoners, either directly or through subsidiaries include: AT&T, Bank of America, Boeing, Chevron, Costco, Dell Computers, Eddie Bauer, IBM, Business Machines, Micro-Soft, Starbucks, Texas instruments, TWA, US West, Nordstroms and Victoria Secrets. (Moore) In addition to the companies that directly manage America's prisons, many other firms are getting a piece of the private prison action: American Express, General Electric, Goldman Sachs & Co., Merrill Lynch, and Smith Barney have made huge sums by underwriting prison construction with the sale of tax-exempt bonds. This is now a thriving 2.3 billion dollar industry. (Counterpunch, America's Private Gulage, Jan. 1997)

Companies which utilize prison labor

• MicroJet, • Nike, • Lockhart Technologies, Inc., • TWA, • Dell Computers, • Microsoft, • Eddie Bauer,• Planet Hollywood, • Wilson Sporting Goods, • J.C. Penney, • Victoria's Secret, • Best Western Hotels,

• Honda, • K-Mart, • Target, • McDonald's, • Burger King,• "Prison Blues" jeans line, • New York, New York Hotel/Casino, • Imperial Palace Hotel/Casino, "No

Fear" Clothing Line, C.M.T. Blues,• Konica, • Allstate, • Merrill Lynch, • Shearson Lehman, • Louisiana Pacific,• Parke-Davis • Upjohn.

Works cited

• http://www.prisonsucks.com/http://uwacadweb.uwyo.edu/RED_FEATHER/

• Corporate Greed and Private Prisonsby Charlene Muhammad

• The Mandala Project• 2006 report by the American Civil Liberties

Union • http://faculty.ncwc.edu/TOCONNOR/205/205lect

04.htm• The Police and Law Enforcement